IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.344 OF 2007 NOTICE OF MOTION NO.344 OF 2007 NOTICE OF MOTION NO.344 OF 2007 IN IN IN INCOME TAX APPEAL (L) NO.176 OF 2007 INCOME TAX APPEAL (L) NO.176 OF 2007 INCOME TAX APPEAL (L) NO.176 OF 2007 RPG Cables Ltd. .. Appellant Vs. The Additional Commissioner of Income Tax .. Respondent Mr.Murlidharan with Mr.Rajesh Shah for the Appellant. None for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, JJ. A.V.NIRGUDE, JJ. A.V.NIRGUDE, JJ. DATE : 16th June, 2008 DATE : 16th June, 2008 DATE : 16th June, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the Appellant. None appears for the Respondent though served. The learned Counsel for the Respondent undertakes to file an affidavit of service within a period of one week from today. 2. By this Notice of Motion, the Appellant is seeking condonation of 170 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, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.) (A.V.NIRGUDE, J.) (DR.S.RADHAKRISHNAN,J.)