IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.1792 OF 2008 OF MOTION NO.1792 OF 2008 OF MOTION NO.1792 OF 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.1303/2008 TAX APPEAL (L) NO.1303/2008 TAX APPEAL (L) NO.1303/2008 The Commissioner of Income Tax .. Appellant 12 Vs. M/s D.K.Enterprises ... Respondents Mr.A.S.Rao for Appellant Mr. J.D.Mistry with Mr.A.K.Jasani for Respondents CORAM CORAM CORAM : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and A.V.Nirgude, A.V.Nirgude, A.V.Nirgude, JJ JJ JJ DATED DATED DATED : 11th June, 2008 : 11th June, 2008 : 11th June, 2008 P.C. 1. Heard learned counsel for the parties. By this Notice of Motion, the appellant is seeking condonation of 692 days delay caused in filing the appeal. 2. Perused the affidavit in support of the Notice of motion. It appears that though the last date for filing the appeal was 8.6.06 the appeal came to be filed on 30.4.08. We are not at all satisfied with the reasons given for condonation of delay. The delay appears to be mainly on theground for the time taken for drafting the appeal. No sufficient cause is made out for condonation of delay. Hence, Notice of motion 2 stands dismissed. 3. In view of dismissal of the Notice of Motion, Income Tax Appeal (L) No.1313 of 2008 also stands dismissed. {A.V.Nirgude, {A.V.Nirgude, {A.V.Nirgude, J} J} J} {Dr.S.Radhakrishnan, {Dr.S.Radhakrishnan, {Dr.S.Radhakrishnan, J} J} J}