/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1297 OF 2008 IN INCOME TAX APPEAL LODGING NO.873 OF 2008 The Commissioner of Income Tax, Mumbai ...Appellant V/s. M/s. Seksaria Biswan Sugar Factory Ltd. ... Respondent Mr.P.S. Sahadevan for Appellant. Ms.Usha Dalal for Respondent. CORAM : DR.S. RADHAKRISHNAN & A.V. NIRGUDE, JJ. DATED : 29th APRIL, 2008. P.C.:- 1. Heard learned counsel for the appellant and learned counsel for respondent. By this Notice of Motion, appellant is seeking condonation of 117 days delay in filing appeal. Perused the affidavit filed in support of Notice of Motion. Sufficient cause is shown for condoning the delay. There is no / 2/ case of inaction, negligence or want of bonafide on the part of the appellant. Notice of Motion is made absolute in terms of prayer clause(a). Appeal be numbered. 2. Appeal be listed for hearing in the month of October, 2008 subject to numbering. 3. Notice of Motion is disposed of accordingly with no order as to costs. (DR.S. RADHAKRISHNAN, J.) (A.V. NIRGUDE, J.)