1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1818 OF 2009 IN INCOME TAX APPEAL (L) NO.1130 OF 2007 The Commissioner of Income Tax-City 8 .. .. Applicant v/s. Sun-N-Sand Hotel P. Ltd. .. .. Respondent Mr.J.S. Saluja for Applicant. Ms.Beena Pillai for Respondent. ----- CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATED : 19th JUNE, 2009 P.C.: 1.Heard learned Counsel for the Revenue. Delay is of 1068 days which has not been explained properly. The Notice of Motion is strongly opposed by the learned Counsel appearing for the Respondent. During the course of hearing, she pointed out the unexplained delay. 2.Under the aforesaid circumstances, taking overall view of the matter, we do not see any reason to condone the delay. The Notice of Motion is, therefore, rejected. [J.P. DEVADHAR, J.] [V.C. DAGA, J.] 2