:1: :1: :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. 539 OF 2006 OF MOTION NO. 539 OF 2006 OF MOTION NO. 539 OF 2006 IN IN IN INCOME INCOME INCOME TAX APPEAL (LODG) NO.226 OF 2006 TAX APPEAL (LODG) NO.226 OF 2006 TAX APPEAL (LODG) NO.226 OF 2006 The Commissioner of Income Tax-13 ....Appellants V/s. Shri.Rajesh M.Khandhar ....Respondents. ====== Mr.Benny Chatterji, adv.for appellant. Mr.K.Gopal with Mr.Jitendra Singh, Advocate for the respondent. CORAM: CORAM: CORAM: SMT.RANJANA DESAI, & SMT.RANJANA DESAI, & SMT.RANJANA DESAI, & SMT.R.P.SONDURBALDOTA, SMT.R.P.SONDURBALDOTA, SMT.R.P.SONDURBALDOTA, JJ. JJ. JJ. DATED: DATED: DATED: 18TH JUNE, 2008. 18TH JUNE, 2008. 18TH JUNE, 2008. P.C. P.C. P.C. : : : 1. We have heard learned counsel for the appellant and learned counsel for the respondent. There is 289 days delay in filing the instant appeal. 2. We have perused the affidavit-in-reply of the motion. In our opinion, in the interest of justice :2: :2: :2: delay deserves to be condoned, subject to payment of costs by the appellant to the respondent. Hence, delay is condoned, subject to the appellant paying costs quantified at Rs.2,500/- to the respondent within a period of 4 weeks from today. Motion disposed off. (SMT.R.P.SONDURBALDOTA, J) (SMT.RANJANA DESAI, J)