1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2819 OF 2008 IN INCOME TAX APPEAL (LODGING) NO. 1028 OF 2008 The Commissioner of Income Tax-3 .......Appellant versus M/s. IDBI, Mumbai )........ Respondant. Mr. Vimal Gupta for the Appellant CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE, J. DATED: 23RD SEPTEMBER, 2008. P.C.: 1. The respondent has been served. No body is present on behalf of the respondent. 2. The present Notice of Motion is filed for condonation of delay in filing the Appeal. Sufficient reasons have been given in the affidacit in support of the Notice of Motion. Moreover, in view of the judgment of the Division Bench of this Court in the case of Ornate Traders Pvt. Ltd. Vs. I. T. O. Mumbai, Notice of Motion No.2281 of 2008 along with other connected matters decided on 29th August 2008, delay is condoned. Notice of Motion made absolute in terms of prayer clause (a). 2 3. Notice of Motion disposed of accordingly. 2. List the Appeal for hearing on admission on 11th November 2008. CHIEF JUSTICE A.P. DESHPANDE, J.