( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.597 OF 2008 NOTICE OF MOTION NO.597 OF 2008 NOTICE OF MOTION NO.597 OF 2008 IN IN IN NOTICE OF MOTION NO.1004 OF 200 NOTICE OF MOTION NO.1004 OF 200 NOTICE OF MOTION NO.1004 OF 2006 IN IN IN INCOME TAX APPEAL (L) NO.484 OF 2006 INCOME TAX APPEAL (L) NO.484 OF 2006 INCOME TAX APPEAL (L) NO.484 OF 2006 The Commissioner of Income Tax-11 .. Appellant Vs. Rajshri Productions Pvt.Ltd.Mumbai .. Respondent Mr.P.S.Sahadevan for the Appellant. Mr.S.J.Mehta for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & A.P.BHANGALE, JJ. A.P.BHANGALE, JJ. A.P.BHANGALE, JJ. DATE : 3rd June, 2008 DATE : 3rd June, 2008 DATE : 3rd June, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. It appears that the Appellant-revenue had taken out the Notice of Motion No.1004 of 2006 for condonation of 429 days delay caused in filing the Appeal, and this Court by an order dated 1st October, 2007 has dismissed the aforesaid Notice of Motion No.1004/2006. On the very same day since the Notice of Motion was dismissed and the delay was not condoned, the Appeal was also dismissed and the refund of Court fees was also granted as per the Rules. 2. Strangely the Appellant has taken out the present Notice of Motion No.597/2008 seeking recall of the purported order dated 18.9.2007 which was passed in the Income Tax Apeal (L) No.484/2006 & the Notice of Motion No.1004/2006. It appears that though the Appellant has ( 2 ) rightly described the Appeal Number in the title as Appeal (L) No.484/2006 and has rightly described the names of the parties, in the prayer clause the date of the purported order is wrong. 3. When the Appeal & the Notice of Motion No.1004/2006 for condonation of delay were dismissed by this Court earlier, we do not understand as to why the present Notice of Motion is taken out by the Appellant. The Notice of Motion No.597/2008 is unsustainable and hence the same stands dismissed with costs quantified at Rs.5000/- which shall be paid by the Appellant within a period of two weeks from today. (A.P.BHANGALE J.) (DR.S.RADHAKRISHNAN,J.) (A.P.BHANGALE J.) (DR.S.RADHAKRISHNAN,J.) (A.P.BHANGALE J.) (DR.S.RADHAKRISHNAN,J.)