:1: ASN ASN ASN IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.261 OF 2009 IN INCOME TAX APPEAL LODGING NO. 2603 OF 2008 The Commissioner of Income Tax. ..Appellant. Vs. A. Himashu & Co. ..Respondent. Mrs. Anuradha Mane for the Appellant. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 9TH FEBRUARY,2009. PC : 1. This is a notice of motion for condonation of 1235 days delay in filing the main appeal. 2. On perusing the affidavit in support, it appears that the approval for filing the appeal was granted on 18.3.2005 but the appeal came to be filed three years and five months later, on 5.8.2008.The delay between the period 18.3.2005 and 5.8.2008 has not been properly explained. In our view, therefore, the cause shown does not amount to sufficient cause. Notice of motion is therefore, dismissed. Consequently appeal dismissed. Certified copy expedited. (R.S. MOHITE, J.) (F.I. REBELLO, J.)