1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 393 OF 2004 WITH INCOME TAX APPEAL NO.463 of 2002 The Commissioer of Income Tax Mumbai City VI, Mumbai .... Appellant V/s M/s Esab India Ltd, Mumbai ... Respondent Mr.A.D.Kango for Appellant Mr.A.K.Jasani for Respondent CORAM: DR.S.RADHAKRISHNAN AND A.P.BHANGALE,JJ DATED: JUNE 2, 2008 P.C.:- 1. Heard the learned Advocates for the Appellant and Respondent. 2. By this Notice of Motion the Appellant is praying for setting aside the order dated 11-12-2001 passed by the learned Prothonotary and Senior Master dismissing the above appeal for non removal of office objections. The Notice of Motion is taken out on 7-2-2004 i.e. 2 after lapse of about 2 years and 3 months. The affidavit in support of Notice of Motion does not give any reason whatsoever for delay in taking out the aforesaid Notice of Motion after lapse of 2 years 3 months. In view thereof there is no sufficient cause is made out. Hence Notice of Motion stands dismissed. 3. In view of the dismissal of the Notice of Motion the appeal stands dismissed. (DR.S.RADHAKRISHNAN,J) (A.P.BHANGALE,J.)