1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1755 OF 2009 IN INCOME TAX APPEAL (L) NO.3361 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. Bipin M Khandhar ..Respondent. Mr.A.S.Shivsaran for appellant. None for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 18TH JUNE, 2009. P.C. :- 1. In spite of service, nobody is present on behalf of the respondent. Heard learned counsel for the revenue. It is brought to our notice that writ petition was filed to challenge the impugned order being Writ Petition No.747 of 2008 which was allowed to be withdrawn on 7 th April, 2008. 2. Since the revenue was prosecuting a remedy in a wrong forum, the delay caused can be said to be sufficiently explained. Considering the averments made in 2 the affidavit filed in support of the Notice of Motion, the Motion is made absolute in terms of prayer clause (a). Notice of Motion is disposed of accordingly with no order as to costs. 2. Revenue is directed to remove all office objections in the appeal within 4 weeks from today and get the appeal registered. 3. Needless to mention that failure on the part of the revenue to remove the office objections within the prescribed time, the appeal shall stand dismissed without further reference to the Court. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)