-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.963 OF 2008 The Commissioner of Income Tax-13: Appellant v/s Shri Rajesh M. Khandhar : Respondent Mr. A.S. Shivsharan for Appellant None for respondent Coram : Dr. S. Radhakrishnan S.J. Kathawalla, JJ. Date : 18.9.2008 P.C. . Heard the learned counsel for the appellant Mr. Shivsharan. When the matter was on board on 28.8.2008 the learned counsel Mr. Shivsharan showed us that the respondent was served on lodging number. In view thereof we directed the learned counsel that the respondent should be duly served with the regular number of the above appeal. Above appeal was numbered on 29.7.2008. Mr. Shivsharan undertook to serve the respondent on 28.8.2008. Accordingly we adjourned the matter to 11.9.2008. Again Mr. Shivsharan pleaded that the appellant has not served the respondent with the correct number of the above appeal. Again took weeks time. We adjourned it as a last chance to serve the respondent. Today again Mr. Shivsharan blissfully stated that the appellant has taken no steps to serve the respondent. Respondent’s office is -2- hardly at a distance of three kilometers from the office of the appellant. In view of the aforesaid sorry state of affairs we are constrained to dismiss the above appeal. (S.J. Kathawalla,J.) (Dr. S.Radhakrishnan,J.)