[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.1701 OF 2005 IN INCOME TAX APPEAL LODGING NO. 669 OF 2005 The Commissioner of Income tax. ..Appellant. Vs. M/s.V.I.P. Industries Ltd. ..Respondents. Mr.P.S.Sahadevan for the Appellant. Mr.A.K. Jasani for the Respondents. CORAM : F.I.REBELLO & R.S. MOHITE, JJ. DATE : 5th February, 2009. PC : 1. This is a notice of motion for condonation of 953 days delay in filing the main appeal. On perusal of the affidavit in support, we find that CIT (Judicial) granted approval for filing the appeal on 7.10.2002 but the appeal came to be filed on 25.5.2005. The delay caused between the period from 7.10.2002 to 25.5.2005 is not properly explained. In our view, the cause shown does not amount to sufficient cause. Hence, notice of motion is dismissed. Consequently appeal dismissed. Refund of court fee as per rules. Certified copy expedited. ( R.S. MOHITE, J.) ( F.I.REBELLO, J.)