VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 1446 OF 2008 IN INCOME TAX APPEAL (L) No. 341 OF 2008 The Commissioner of Income Tax-1, Mumbai Appellant Vs. M/s. MTZ (Industries) Ltd. Respondent Mr. A. S. Rao for the Appellant. None for the Respondent. CORAM : Dr. S. RADHAKRISHNAN, AND A. P. BHANGALE, JJ. DATE : JUNE 4, 2008. PC :- . Heard the learned counsel for the applicant. By this Notice of Motion, appellant is seeking condonation of delay 72 days in filing the appeal. Mr. Rao, the learned counsel for the appellant states that the respondent has already been served, and he undertakes to file the affidavit of service within two weeks from today. Perused the Notice of Motion and the affidavit in support thereof. For the reasons stated therein sufficient cause is made out. There is no case of inaction, negligence or want of bona fides on the part of the appellant. Hence, the - 2 - Notice of Motion is made absolute in terms of prayer clause (a). Sd/- [ Dr. S. RADHAKRISHNAN, J. ] Sd/- [ A. P.BHANGALE, J.]