1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2980 OF 2008 IN INCOME TAX APPEAL (LODGING) NO. 2230 OF 2008 The Director of Income Tax 12, Mumbai .......Appellant versus Manish M. Shah )........ Respondant. Mr. Paras Vyas for the Appellant Mr. R.A. Vaishampayan for the respondent. CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE, J. DATED: 23RD SEPTEMBER, 2008. P.C.: 1. This is an application for condonation of delay in filing the present Appeal. In view of the order passed today in Notice of Motion No. 2056 of 2008 in ITXAL No.2538/07 this Notice of Motion is also dismissed. 2. While dismissing this application we also direct the competent authority of the appellant to conduct proper inquiry into this matter and fix responsibility on the defaulted officer for causing unexplained delay of six month in filing the present appeal. We are hopeful that this inquiry shall not only be concluded expeditiously but appropriate action shall also be taken against 2 the officer concerned in accordance with the law. The Notice of Motion for condonation of delay is dismissed and consequently the appeal does not deserve consideration and is dismissed. CHIEF JUSTICE A.P. DESHPANDE, J.