IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.266 OF 2002 NOTICE OF MOTION NO.266 OF 2002 NOTICE OF MOTION NO.266 OF 2002 IN IN IN INCOME TAX APPLICATION (LODG.) NO.5 OF 2002 INCOME TAX APPLICATION (LODG.) NO.5 OF 2002 INCOME TAX APPLICATION (LODG.) NO.5 OF 2002 The Commissioner of Income-tax ..Applicant. V/s. Photophne Limited ..Respondent. Mr.S.M.Shah for applicant. None for respondent. CORAM : H.L.GOKHALE AND CORAM : H.L.GOKHALE AND CORAM : H.L.GOKHALE AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 3RD OCTOBER, 2006. DATED : 3RD OCTOBER, 2006. DATED : 3RD OCTOBER, 2006. P.C. :- P.C. :- P.C. :- Heard M.Shah in support the Motion. The Motion seeks condonation of delay of 36 days in filing the application. The Motion has been served on the respondent. The affidavit of service has been filed. None is present for the respondent. We accept the explanation given in the supporting affidavit. In the circumstances, the Motion is allowed. Delay condoned. Application be numbered and listed for admission on 16th October, 2006. Respondent to be served once again. (H.L.GOKHALE, J.) (H.L.GOKHALE, J.) (H.L.GOKHALE, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)