bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.3986 OF 2008 OF MOTION NO.3986 OF 2008 OF MOTION NO.3986 OF 2008 IN IN IN INCOME INCOME INCOME TAX APPEAL (L)NO.1790 OF 2008 TAX APPEAL (L)NO.1790 OF 2008 TAX APPEAL (L)NO.1790 OF 2008 M/s.Shabayesha Construction Co.(P) Ltd. ..Appellant Vs. Income Tax Officer 9(3)(1) ..Respondent Mr.F.B.Andhyarujina, Senior Advocate with Mr.Hadade for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 P.C. P.C. P.C. . As the above Appeal is not maintainable, the learned Senior Counsel for the Appellant seeks leave to withdraw the same with liberty to file appropriate Appeal. In view thereof, the Appeal is allowed to be withdrawn and dismissed as such, with the aforesaid liberty. 2. In view of the withdrawal of the above Appeal, the present Notice of Motion does not survive. Hence, the same stands dismissed. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)