1 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 ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.787 OF 2004 MOTION NO.787 OF 2004 MOTION NO.787 OF 2004 IN IN IN INCOME INCOME INCOME TAX TAX TAX APPEAL (L) No.220 of 2004 APPEAL (L) No.220 of 2004 APPEAL (L) No.220 of 2004 IN IN IN INCOME INCOME INCOME TAX APPEAL NO. TAX APPEAL NO. TAX APPEAL NO. OF OF OF 2004 2004 2004 The The The Director of Income-tax (Exemption).Appellant Director of Income-tax (Exemption).Appellant Director of Income-tax (Exemption).Appellant vs vs vs F.E.Dinshaw F.E.Dinshaw F.E.Dinshaw Trust Trust Trust ...... Respondent Respondent Respondent Mumbai-20 Mumbai-20 Mumbai-20 None None None for Appellant for Appellant for Appellant None for 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 : : : 5th June, 2007 5th June, 2007 5th June, 2007 P.C. P.C. P.C. 1.1.1. In the above matter yesterday i.e. 4th June, In the above matter yesterday i.e. 4th June, In the above matter yesterday i.e. 4th June, 2007 2007 2007 none appeared on behalf of the appellant. none appeared on behalf of the appellant. none appeared on behalf of the appellant. whereas whereas whereas learned counsel for the respondent was learned counsel for the respondent was learned counsel for the respondent was present present present and we were inclined to dismiss the same and we were inclined to dismiss the same and we were inclined to dismiss the same for for for default. However, in the afternoon session, default. However, in the afternoon session, default. However, in the afternoon session, when when when the learned counsel for the appellant pleaded the learned counsel for the appellant pleaded the learned counsel for the appellant pleaded that that that the matter be taken up today for the matter be taken up today for the matter be taken up today for consideration. consideration. consideration. Again, today no one is present on Again, today no one is present on Again, today no one is present on behalf behalf behalf of the appellant. of the appellant. of the appellant. 2.2.2. Under these circumstances, as no one has Under these circumstances, as no one has Under these circumstances, as no one has appeared appeared appeared on behalf of the appellant, Notice on behalf of the appellant, Notice on behalf of the appellant, Notice of of of Motion stands dismissed in default. Motion stands dismissed in default. Motion stands dismissed in default. (V.C.Daga, (V.C.Daga, (V.C.Daga, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J) 2