1 nms3226.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3226 OF 2010 IN INCOME TAX APPEAL NO. 6085 OF 2010 The Commissioner of Income Tax -1 ..Appellant Vs. M/s Cannon Dunkerley & Co. Ltd. .. Respondent Mr. Vimal Gupta for the Appellant. Mr.Rajesh Patil i/by Mahesh Jani & Co. for the Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 11TH APRIL, 2011. P.C. 1. This Motion is taken out seeking condonation of delay of 398 days, in taking out the notice of motion for setting aside the conditional order passed by this Court on 24-06-2009. By the said order dated 24-06-2009, the appellant was directed to remove the office objections within 4 weeks from that day. Since the office objections were not removed within the stipulated time the appeal was dismissed. The present Notice of Motion is taken out seeking condonation of delay and also for restoration of the appeal, which was dismissed for want of removal of office objections. 2 nms3226.10.sxw 2. Although the explanations given in the affidavit in support of Notice of Motion are not satisfactory, in our view, considering the facts of the case, interest of justice would be served by allowing the Notice of Motion, subject to payment of costs. Accordingly, Notice of Motion is made absolute in terms of prayer clause (a) and (b) subject to costs of Rs. 3000/- to be paid to the respondent within a period of 2 weeks from today. ( A.A. SAYED, J. ) (J.P. DEVADHAR, J.)