:1: 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.3370 OF 2005 IN INCOME TAX APPEAL (L) NO. 1115 OF 2005 The Commissioner of Income Tax. ..Appellant. Vs. M/s. Jayawanti Finvest Pvt. Ltd.‘ ..Respondents. Mr.A.D.Kango with P.S.Sahadevan for the Appellant. None for the Respondents. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 6TH FEBRUARY,2008. PC : 1. This is a notice of motion for condonation of 75 days delay in preferring the main appeal. We have perused the affidavit in support. Taking into account the facts stated in the affidavit in support, we propose to accept the cause shown for condonation of delay subject to levy of costs. Notice of motion is therefore, allowed and the delay in filing the appeal stands condoned subject to payment of costs of Rs.2500/- which is to be paid directly to the respondents within a period of four weeks from today. Office to number the appeal and list the same for admission. 2. Though we have condoned the delay, the appellant is directed to remove the office objections, if any, within four weeks from today failing which appeal to stand dismissed for non prosecution without further reference :2: to the court. 3. It is also made clear that if the respondents have any grievance relating to non effecting of service of this notice of motion, they are at liberty to apply for recall of this order. (R.S. MOHITE, J.) (F.I. REBELLO, J.)