IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LDG.) NO. 2372 OF 2008 with NOTICE OF MOTION NO. 3034 OF 2008 The Commissioner of Income-tax-, ... Appellant. V/s. M/s.Sethna Construction P.Ltd., Mumbai. ... Respondent. P.S.Sahadevan for the appellant. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 7th July 2009. P.C. : Heard learned counsel for the appellant. The delay in filing appeal is about 443 days. Delay has not been explained. No material facts and particulars are to be found in support of the prayer. Even otherwise, in the appeal the order dismissing miscellaneous application has been challenged. This Court has already held that appeal against the order rejecting miscellaneous application is not maintainable. In this view of the matter, appeal as well as motion stand dismissed in limine with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA J.)