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. 1453 of 2008 OF MOTION NO. 1453 of 2008 OF MOTION NO. 1453 of 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.426 of 2008 TAX APPEAL (L) NO.426 of 2008 TAX APPEAL (L) NO.426 of 2008 The Commissioner of Income Tax-21..Appellant Vs. Shri Anwar Hussein Thim .. Respondent Mr.P.S.Sahadevan for Appellant Ms.Usha Dalal for Respondent CORAM CORAM CORAM : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and A.V.Nirgude, A.V.Nirgude, A.V.Nirgude, JJ JJ JJ DATED DATED DATED : 17th June, 2008 : 17th June, 2008 : 17th June, 2008 P.C. 1. Heard the learned counsel for the parties. By this notice of motion, the appellant is seeking condonation of 36 days delay caused in filing the appeal. For the reasons stated in the affidavit in support of the Notice of Motion, sufficient cause is made out for condonation of delay and there is no case of inaction, negligence or want of bonafide on the part of the appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). {A.V.Nirgude, {A.V.Nirgude, {A.V.Nirgude, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)