1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3873 OF 2005 IN INCOME TAX APPEAL(L)NO.1665 OF 2005 The Commissioner of Income Tax-XVI ..Appellant Mumbai V/s. Sajid Khan ..Respondent Mr.P.S.Sahadevan, Advocate, for Appellant None for Respondent CORAM : F.I.REBELLO & R.S.MOHITE,JJ. DATE : 4TH FEBRUARY, 2008 P.C. . This is a Notice of Motion for condoning a delay of 145 days in filing of the main appeal. Considering the reasons which are given for the delay caused and which are not controverted, we accept the cause shown as sufficient cause and condone the delay. Office to number the appeal and place the same for admission in usual course. 2. It is made clear that if this Notice of Motion has not been properly served on the 2 respondent then the respondent will have liberty to move this Court for re-call of this order. 3. Though we have condoned the delay, the appellant is directed to remove the office objections, if any, within four weeks from today failing which appeal to stand dismissed for non prosecution without further reference to the court. (R.S.MOHITE, J.) (F.I.REBELLO, J.)