srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3863 OF 2008 IN INCOME TAX APPEAL (L) NO.2808 OF 2008 The Commissioner of Income Tax ..Appellant Vs. M/s. Litolier Properties Pvt. Ltd. ..Respondent Mr. P.S. Sahadevan for the appellant. None for the respondent. CORAM :- V.C.DAGA & J.P.DEVADHAR,JJ. DATE : 3rd JULY, 2009 P.C. Heard learned counsel for the Revenue. The delay in filing the above appeal is of 529 days. We were taken through the affidavit in support of Notice of Motion. The averments made therein are absolutely vague. No material facts or particulars are disclosed. No sufficient cause has been shown. In this view of the matter, Notice of Motion is rejected. In view of dismissal of Notice of Motion, Appeal does not survive. Therefore, appeal also stands dismissed in limini with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)