:1: 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.3213 OF 2008 OF MOTION NO.3213 OF 2008 OF MOTION NO.3213 OF 2008 IN IN IN INCOME INCOME INCOME TAX APPEAL NO.1010 OF 2007 TAX APPEAL NO.1010 OF 2007 TAX APPEAL NO.1010 OF 2007 The Commissioner of Income Tax, ..Appellant Vs. M/s.Venus Records & Tapes Pvt.LTd. ..Respondent Mr.Vimal Gupta 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 : 23RD OCTOBER, 2008 : 23RD OCTOBER, 2008 : 23RD OCTOBER, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the Appellant. None appears for the Respondent, though served. Perused the Notice of Motion and Affidavit-in-support thereof. By this Notice of Motion, the Appellant is seeking to recall of our order dated 10th July,2008 whereby the above Appeal was dismissed in default for non appearance. The Affidavit-in-support of the Notice of Motion discloses sufficient cause. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (A). 2. Place the above Appeal on board for admission on 24th November,2008. Meanwhile, the Appellant shall serve the Respondent with a copy of the Memo of Appeal along with all annexures. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) :2: