1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3289 OF 2002 IN INCOME TAX APPEAL (L) NO.984 OF 2002 The Commissioner of Income- tax, City XIII, Bombay .. Appellant. V/s. Mr.S.C. Jesrani .. Respondent. Mr.Ashok Kotangale i/b. Mr.Pankaj Kapoor for the appellant. CORAM : V.C. DAGA & CORAM : V.C. DAGA & CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 19TH SEPTEMBER, 2005. DATED : 19TH SEPTEMBER, 2005. DATED : 19TH SEPTEMBER, 2005. P.C. : 1. On the motion made by the learned counsel appearing for the appellant, the notice of motion moved is allowed to be withdrawn. In the result, the same is dismissed as withdrawn with no order as to costs. 2. In view of the dismissal of the notice of motion seeking condonation of delay, the appeal papers be consigned to record. (V.C. DAGA, J.) (J.P. DEVADHAR, J.)