(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4399 OF 2008 IN INCOME TAX APPEAL NO.876 OF 2004 The Commissioner of Income Tax...Appellant Vs. M/s.Dharambir Manoharlal Ltd.....Respondent Mr.Suresh Kumar for the Appellant. Mr. Pankaj R. Toprani, for the Respondent. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S.MOHITE, JJ. R.S.MOHITE, JJ. R.S.MOHITE, JJ. DATED: 26TH MARCH, 2009 DATED: 26TH MARCH, 2009 DATED: 26TH MARCH, 2009 P.C.: P.C.: P.C.: . The certified copy was applied for on 18th September, 2008 and was ready on 23rd September, 2008. After that the reason given is that the copy of the order of admission was also required and that is how the delay and that the order was received on 24th November, 2008. The latter part really can be no reason. 2. However, considering the facts and circumstances and for the order to be passed the delay is condoned subject to the Revenue paying to the Respondent costs quantified at Rs.10,000/- to be paid within four weeks. On failure to pay the amount of cost motion to stand dismissed for non-prosecution. If costs are paid delay condoned and appeal restored to file. (-2-) (R.S.MOHITE, J.) (F.I.REBELLO,J.) (R.S.MOHITE, J.) (F.I.REBELLO,J.) (R.S.MOHITE, J.) (F.I.REBELLO,J.)