:1: 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.4053 OF 2006 IN INCOME TAX APPEAL (L) NO.1489 OF 2006 The Commissioner of Income tax. ..Appellant. Vs. M/s. Bombay Mercantile Co.op. Bank Ltd. ..Respondent. Mr.A.S. Rao and P.S.Sahadevan for the Appellant. Mr.B.V.Jhaveri for the Respondent. CORAM: F.I.REBELLO & R.S. MOHITE, JJ. DATED: 22ND JANUARY,2008. PC : 1. This is a notice of motion for condonation of 146 days delay in preferring the main appeal. We have perused the affidavit in support. Taking into account the facts stated in the affidavit in support, we propose to accept the cause shown for condonation of delay subject to leavy of costs. Notice of motion is therefore, allowed and the delay in filing the appeal stands condoned subject to payment of costs of Rs.2500/- which is to be paid directly to the respondent within a period of four weeks from today. Office to number the appeal and list the same for admission. (R.S. MOHITE, J.) (F.I. REBELLO, J.)