:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.3707 OF 2008 OF MOTION NO.3707 OF 2008 OF MOTION NO.3707 OF 2008 IN IN IN INCOME INCOME INCOME TAX APPEAL (L) NO.3386 OF 2008 TAX APPEAL (L) NO.3386 OF 2008 TAX APPEAL (L) NO.3386 OF 2008 M/s.Pitta Weaving Mills ..Appellant Vs. The Commissioner of Income Tax ..Respondent Ms.Aasifa Khan for the Appellant. Mr.Vimal Gupta for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 23RD OCTOBER, 2008 : 23RD OCTOBER, 2008 : 23RD OCTOBER, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking the condonation of 594 days’ delay in filing the above Appeal. The main reason alleged in the Affidavit in support of the Notice of Motion is, that the Petitioner was not aware of the Appellate procedure under the Income Tax Act. It appears that the Petitioner had filed a Writ Petition in this Court, which was permitted to be withdrawn with liberty to file a statutory Appeal. From the perusal of the Affidavit-in-support of the Notice of Motion, it also appears that there were some disputes amongst the partners and also the senior most partner who has filed the present Appeal was suffering from paralytic stroke and had undergone eye surgeries. :2: 2. Having regard to the facts and circumstances of the case and in view of the larger interest of justice, we are inclined to condone the aforesaid delay of 594 days in filing the above Appeal, subject to costs quantified at Rs.5000/- which shall be paid by the Appellant to the High Court Law Library, within a period of four weeks from today. The Notice of Motion is made absolute in terms of prayer clause (a). (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)