[ASN] IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1067 OF 2009 IN INCOME TAX APPEAL LODGING NO. 2309 OF 2008 The Commissioner of Income Tax-8. ...Appellant. Vs. M/s. Rashtriya Metal Industries Ltd. ...Respondent. Mr.Suresh Kumar for the Appellant. Mr.A.Vissanji with Mr.S.G. Mehta for the Appellant. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 1st April, 2009. PC : 1. This is a notice of motion for condoning 801 days delay in filing the main appeal. 2. Perusal of the affidavit in support indicates that the papers were sent for drafting the appeal memo on 10.5.2006 but the appeal memo duly drafted was received back sometime after on 10.7.2008. The appeal was filed on 29.7.2008. A period of about two years and two months for drafting the appeal memo cannot be said to be reasonable. 3,. In our view, therefore, the cause shown does not amount to sufficient cause and hence, notice of motion is dismissed. Consequently, appeal is also dismissed. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)