HVN 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. 1888 OF 2007 NOTICE OF MOTION NO. 1888 OF 2007 NOTICE OF MOTION NO. 1888 OF 2007 IN IN IN INCOME TAX APPEAL (L) NO. 774 OF 2007 INCOME TAX APPEAL (L) NO. 774 OF 2007 INCOME TAX APPEAL (L) NO. 774 OF 2007 The Commissioner of Income Tax... Appellant Versus M/s. Birla Global Finance Ltd. .. Respondent Mr. B.M. Chatterjee with Ms. P.P. Bhosale and Mr. P.S. Sahadevan for the Appellants. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & R.S. MOHITE, JJ. R.S. MOHITE, JJ. R.S. MOHITE, JJ. DATED: FEBRUARY 13, 2008 DATED: FEBRUARY 13, 2008 DATED: FEBRUARY 13, 2008 P.C. P.C. P.C. . Heard parties. . Considering the delay and the cause shown in the affidavit in support of the Motion, the same amounts to sufficient cause. Hence, delay can be condoned subject to cost being imposed. . In the light of the above, delay condoned subject to Appellants’ paying cost to the Respondents quantified at Rs.5,000/- (Rupees Five Thousand Only) as a condition precedent. The cost to be paid within six weeks from today. The Office objections, if any to be removed within six weeks from today. If either cost is not paid or office objections are not removed within six weeks, Appeal to stand dismissed for non prosecution, without further reference to this court. If there is negligence on the part of the officer/s, then it will be open to the Union of India to recover the cost from such officer/s. (R.S. MOHITE, J.) (R.S. MOHITE, J.) (R.S. MOHITE, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)