:1: ASN ASN 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.269 OF 2009 IN INCOME TAX APPEAL LODGING NO.2613 OF 2008 The Commissioner of Income Tax. ..Appellant. Vs. N.Deepak Kumar & Co. ..Respondent. Mrs. Anuradha Mane, for the Appellant. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 9TH FEBRUARY,2009. PC : 1. This is a notice of motion for condonation of 1245 days delay in filing the main appeal. 2. On perusal the affidavit in support, it appears that the approval for filing the appeal was granted on 28.2.2005 but the appeal came to be filed about three years and five months later, on 31.7.2008. The delay caused between the period 28.2.2005 and 31.7.2008 has not been properly explained. In our view, therefore, the cause shown does not amount to sufficient cause. Notice of motion is therefore, dismissed. Consequently appeal dismissed. Certified copy expedited. (R.S. MOHITE, J.) (F.I. REBELLO, J.)