IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE. ORIGINAL SIDE. ORIGINAL SIDE. NOTICE OF MOTION NO. 2865 OF 2007 IN INCOME TAX APPEAL (LDG.) NO. 1463 OF 2007 ------------------------------------------------------------- Office Notes,Office : Memorandum of Coram, : Court’s or Judge’s orders appearances, Court’s : orders or directions : Prothonotaries orders. : ------------------------------------------------------------ Vimal Gupta with S.R.Chavan for the appellant. J.D.Mistry with P.C.Tripathi i/b. Raj Darak for the respondent. CORAM: D.K.DESHMUKH AND CORAM: D.K.DESHMUKH AND CORAM: D.K.DESHMUKH AND V.C.DAGA, JJ. V.C.DAGA, JJ. V.C.DAGA, JJ. DATED: 9th July 2008. DATED: 9th July 2008. DATED: 9th July 2008. P.C.: P.C.: P.C.: . The respondent has not denied any averments made in the affidavit filed in support of notice of motion. Considering the law laid down by the by the Supreme Court in relation to the exercise of powers to condone delay and also considering that this is a matter of revenue wherein public interest is involved, in our opinion, delay has to be condoned. 2. In the result, motion is granted in terms of prayer clause (a). Motion stands disposed of. (V.C.DAGA, J.) (D.K.DESHMUKH, J.) (V.C.DAGA, J.) (D.K.DESHMUKH, J.) (V.C.DAGA, J.) (D.K.DESHMUKH, J.)