: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.2484 OF 2007 OF MOTION NO.2484 OF 2007 OF MOTION NO.2484 OF 2007 IN IN IN INCOME INCOME INCOME TAX APPEAL (L.) NO.1208 OF 2007 TAX APPEAL (L.) NO.1208 OF 2007 TAX APPEAL (L.) NO.1208 OF 2007 The Commissioner of Income Tax-3, . Mumbai ...Appellant V/s. Hanuman Vitamin Foods Ltd., Mumbai ...Respondent Mr.Vimal Gupta, Advocate, for the Appellant. None for the Respondent. CORAM CORAM CORAM : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & A.V. A.V. A.V. NIRGUDE, JJ. NIRGUDE, JJ. NIRGUDE, JJ. DATE DATE DATE : 9TH JUNE, 2008. : 9TH JUNE, 2008. : 9TH JUNE, 2008. P.C. P.C. P.C. : : : . Heard the learned Counsel for the Appellant None appears for the Respondent though served. 2. The learned Counsel for the Appellant states that the Respondent has already been served and he undertakes to file the affidavit of service within a period of one week from today. 3. By this Notice of Motion, the Appellant is seeking condonation of delay of 141 days in filing the Appeal. Perused the Notice of Motion and the affidavit-in-support thereof. For the reasons stated : 2 : therein, sufficient cause is made out. There is no case of inaction, negligence or want of bonafides on the part of the appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). [A.V. [A.V. [A.V. NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.] NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.] NIRGUDE, J.] [DR. S. RADHAKRISHNAN, J.]