1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3986 OF 2009 IN INCOME TAX APPEAL (L) NO.540 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. M/s. Raj Petroleum Products Ltd. ..Respondent. Ms. Suchitra Kamble i/b. Suresh Kumar for appellant. Mr. A.K. Jasani for respondent. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 10TH JUNE, 2010 P.C. :- The Notice of Motion has been taken out for restoration of the appeal which stands dismissed for non compliance of a conditional order dated 16 June 2009. From the record of the proceedings, it is noticed that the Revenue had taken out Notice of Motion No.2290 of 2008 for condonation of the delay of 432 days in filing the appeal. The motion was dismissed by an order of the Division Bench dated 29 August, 2008 and consequently, the appeal was treated as not surviving for consideration and was accordingly dismissed. Consequently, this Notice of Motion now taken out by the Revenue for restoration of the appeal for non compliance of the conditional order cannot be entertained. The Motion is dismissed. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)