1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.60 of 2005 In INCOME TAX APPEAL NO.291 of 2005 The Commissioner of Income Tax II A Wing, Pune ..Appellant V/s Shri Pravin M. Dugad .. Respondent Mr.P.S.Sahadevan for Appellant None present for the Respondent CORAM: DR.S.RADHAKRISHNAN AND A.P.BHANGALE,JJ DATED: JUNE 2, 2008 P.C.:- 1. Heard the learned Advocate for the Appellant. By this Notice of Motion the Appellant is challenging the order dated 29-4-2005 passed by the learned Prothonotary and Senior Master thereby dismissing the above appeal for non removal of office objections. Perused the Notice of Motion and affidavit in support thereof. Delay caused in filing the present appeal is of 157 days. 2. None appears for the Respondent though served. Affidavit of service is already taken on record. 2 3. For the reasons stated in the affidavit in support of Notice of Motion, sufficient cause is being made out for condoning the delay. There is no case of inaction or negligance on the part of the Appellant. Hence the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). 4. Appellant to remove office objections within a period of two weeks, failing which the earlier order passed by the Prothonotary and Senior Master dated 29-4-2005 shall stand restored. (DR.S.RADHAKRISHNAN,J) (A.P.BHANGALE,J.)