AGK AGK AGK 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICITON NOTICE OF MOTION NO.2631 OF 2005 IN INCOME TAX APPEAL (L) NO.994 OF 2005 The Commissioner of Income Tax .. Applicant. Versus M/s.Saurashtra Ball Pen Pvt. Ltd. .. Respondent. Mr.Ashok Kotangale for the applicant. Mr.Mandar Vaidya for the respondent. CORAM : F.I. REBELLO & J.P. DEVADHAR, JJ. DATED : 28th AUGUST, 2007. P.C. : 1. There is delay of 265 days. Though served, the respondent has not filed any reply to oppose the contents of affidavit in support of the notice of motion. 2. Even otherwise, we find that the cause shown would amount to sufficient cause. Hence, delay condoned. The notice of motion is made absolute in terms of prayer clause (a). 3. Office to register the appeal. (J.P. DEVADHAR, J.) (F.I. REBELLO, J.)