1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3494 OF 2007 WITH INCOME TAX APPEAL NO.492 of 2003 The Commissioer of Income Tax-13 Mumbai .... Appellant V/s M/s Surendra Engg Corpn ... Respondent Mr. A.S.Rao for Appellant Mr.A.K.Jasani for the Respondent CORAM: DR.S.RADHAKRISHNAN AND A.P.BHANGALE,JJ DATED: JUNE 2, 2008 P.C.:- 1. Heard the learned Advocates for the Appellant and Respondent. 2. By this Notice of Motion the Appellant is praying for setting aside the order dated 5-8-2003 passed by the learned Prothonotary and Senior Master dismissing the above appeal for non removal of office objections. The Notice of Motion is taken out on 13-9-2007 i.e. 2 after lapse of 4 years. The only reason given in para 4 of the affidavit in support of Notice of Motion is that "the ministry of law was earlier handling the matter. Thereafter the litigation work has been taken over by the Income Tax Department from the Law Ministry in 2005 and the status of the said matters were checked only in the month of August 2007, and it was revealed that the above matter has been rejected on 5-8-2003." There is absolutely no explanation as to why the Department could not take steps from 2005 till August 2007. No sufficient cause is made out. Notice of Motion stands dismissed. 3. In view of the dismissal of the Notice of Motion, appeal also stands dismissed. (DR.S.RADHAKRISHNAN,J) (A.P.BHANGALE,J.)