[ASN] IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.229 OF 2009 IN INCOME TAX APPEAL LODGING NO.2846 OF 2008 The Commissioner of Income Tax-VIII. ...Appellant. Vs. Prakash Airfrieght Ltd. ...Respondent. Mr. Suresh Kumar for the Appellant. None for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 5th February, 2009. PC : 1. This is a notice of motion for condoning 1211 days delay in filing the main appeal. On perusal of the affidavit in support, we find that the file was sent for drafting the appeal memo on 13.4.2005 but the drafted appeal memo was received on 31.7.2008. In our view, the period of more than 3 years for drafting the appeal memo cannot be said to be reasonable. In the circumstances, cause shown does not amount to sufficient cause. Hence, notice of motion stands dismissed. Consequently appeal dismissed. Refund of court fee as per rules. Certified copy expedited. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)