1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2823 OF 2005 IN INCOME TAX APPEAL(L)NO.1146 OF 2005 The Commissioner of Income Tax, ..Appellant Mumbai V/s. M/s.P & O Nedlloyd(India) P.Ltd. ..Respondent Mumbai Mr.R.Asokan, Advocate, for Appellant Mr.J.D.Mistry i/b.Crawford Bayley & Co., Advocate, for Respondent CORAM : F.I.REBELLO & R.S.MOHITE,JJ. DATE : 5TH FEBRUARY, 2008 P.C. . This is a Notice of Motion for condoning a delay of 340 days in filing of the main appeal. Perusal of the affidavit in support indicates that the last date of filing appeal was 16th October, 2004. The file was sent to the Ministry of Law after the due date and was filed on 15th September, 2005. There is no proper explanation as to what events occurred between the dates mentioned. In our view, therefore, the cause shown does not 2 amount to sufficient cause and hence, the Notice of Motion stands dismissed. (R.S.MOHITE, J.) (F.I.REBELLO, J.)