:1: [ASN] [ASN] [ASN] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.22 OF 2009 IN INCOME TAX APPEAL LODGING NO.2400 OF 2008 The Commissioner of Income Tax-2. ..Appellant. Vs. Maharashtra Distilleries Ltd. ..Respondent. Mr. P.S.Sahadevan for the Appellant. None for the Respondent. CORAM : F.I.REBELLO & R.S.MOHITE, JJ. DATE : 2ND APRIL, 2009. PC : 1. This is a notice of motion for condonation of 468 days delay in filing the main appeal. On perusal of the affidavit in support, it is seen that the Chief Commissioner of Income Tax granted approval for filing the appeal on 2.4.2007 and the brief was immediately sent to panel counsel for preparation of draft appeal memo on 15.5.2007. A copy of the letter handing over the matter is annexed. The affidavit states that the matter was followed from time to time and several reminders were issued but the counsel returned the judicial folder in the month of July, 2008 without drafting the appeal. Thereafter, the docket was made over in the name of another advocate who drafted the appeal immediately. In the circumstances, appeal was filed on 31.7.2008. :2: Considering the explanation given and also considering the fact that the tax effect in the present case is Rs. 5.81 Crores, we are inclined to condone the delay. Accordingly, delay condoned. Office to register the appeal and place the same for admission. (R.S. MOHITE, J.) ( F.I. REBELLO, J.)