[ASN] 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.1066 OF 2009 IN INCOME TAX APPEAL LODGING NO.1898 OF 2008 The Commissioner of Income Tax-8. ..Appellant. Vs. M/s. Vivilon Textile Industries Pvt. Ltd. ..Respondent. Mr.Suresh Kumar for the Appellant. Ms. Vasanti B. Patel for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 1st April, 2009. PC : 1. This is a notice of motion for condoning 432 days delay in filing the main appeal. 2. Perusal of the affidavit in support indicates that though the approval for filing the appeal was granted on 13.4.2007 and thereafter matter was sent to the panel counsel for drafting the appeal memo. The appeal was filed on 23.6.2008. The delay for one year and two months caused between 13.4.2007 and 23.6.2008 has not been properly explained. 3. In our view, therefore, the cause shown does not amount to sufficient cause and hence, notice of motion is dismissed. Consequently, appeal is also dismissed. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)