IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE. ORIGINAL SIDE. ORIGINAL SIDE. NOTICE OF MOTION NO. 1502 OF 2008 IN INCOME TAX APPEAL (LDG.) NO. 276 OF 2008 ------------------------------------------------------------- Office Notes,Office : Memorandum of Coram, : Court’s or Judge’s orders appearances, Court’s : orders or directions : Prothonotaries orders. : ------------------------------------------------------------ Vimal Gupta with P.S.Sahadevan for the appellant. J.D.Mistry i/b. Raj Darak for the respondent. CORAM: D.K.DESHMUKH AND CORAM: D.K.DESHMUKH AND CORAM: D.K.DESHMUKH AND V.C.DAGA, JJ. V.C.DAGA, JJ. V.C.DAGA, JJ. DATED: 9th July 2008. DATED: 9th July 2008. DATED: 9th July 2008. P.C.: P.C.: P.C.: . This notice of motion is taken out for condonation of delay. There is no reply filed by the respondent. Therefore, in absence of reply, accepting the averments made in the affidavit filed in support of notice of motion on their face value, motion deserved to be granted. 2. Even assumed that delay of each and every day has not been explained, in our opinion, considering the law laid down by the Supreme Court in relation to the exercise of powers to condone delay and also considering that this is a matter of revenue wherein public interest is involved, in our opinion, delay has to be condoned. 3. In the result, motion is granted in terms of prayer clause (a). Motion stands disposed of. (V.C.DAGA, J.) (D.K.DESHMUKH, J.) (V.C.DAGA, J.) (D.K.DESHMUKH, J.) (V.C.DAGA, J.) (D.K.DESHMUKH, J.)