:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 303 OF 2005 NOTICE OF MOTION NO. 303 OF 2005 NOTICE OF MOTION NO. 303 OF 2005 IN IN IN WRIT PETITION NO.3520 WRIT PETITION NO.3520 WRIT PETITION NO.3520 OF 1991 OF 1991 OF 1991 Spaco Carburettors India Ltd. and Another .. Petitioners V/s 1.Raj Kumar, Dy. Commissioner of Income Tax and Another .. Respondents Miss. Joshi i/b M/s Mulla & Mulla & CBC for petitioner CORAM: S. RADHAKRISHNAN CORAM: S. RADHAKRISHNAN CORAM: S. RADHAKRISHNAN AND AND AND J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATE : 5TH JULY,2005. DATE : 5TH JULY,2005. DATE : 5TH JULY,2005. P.C. P.C. P.C. 1. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. By this notice of motion the petitioner is seeking leave to recall an order dated 14.6.2005 whereby the above petition was dismissed in default. We have perused affidavit in support of notice of motion and the reasons stated therein. Sufficient cause is made out for recalling an order dated 14.6.2005. There is no case of inaction,negligence or want of bonafide. Hence, this notice of motion is made absolute in terms of prayer clauses (a) and (b). Place writ petition for final hearing on 01.08.2005. S.RADHAKRISHNAN,J. :2: J.H.BHATIA,J.