:1: [ASN] [ASN] [ASN] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.485 OF 2009 IN INCOME TAX APPEAL LODGING NO.4108 OF 2008 M/s.Shabayesha Construction Company Pvt. Ltd. ...Appellant. Vs. The Income Tax Officer-9(3)(1). .. Respondent. Mr. V. S. Hadade for the Appellant. Mr.J.S.Saluja for the Respondent. CORAM : F.I.REBELLO & R.S.MOHITE, JJ. DATE : 24TH FEBRUARY,2009. PC : 1. This is a notice of motion for condonation of 832 days delay in filing the main appeal. On perusing the affidavit in support of the motion, we find that the delay has chiefly been caused because appellant was pursuing the Misc. petition before the ITAT between the period 14.6.2006 and 25.4.2007. Though there is some delay even prior to this period, we are inclined to allow the notice of motion subject to payment of cost. Notice of motion is therefore,allowed subject to payment of cost of Rs.2500/- which will be paid to the respondent within a period of four weeks from today. If the cost is not paid within the aforesaid period, notice of motion to stand dismissed for non compliance of the order and the appeal papers to be filed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)