:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.102 OF 2008 IN INCOME TAX APPEAL LODGING NO.2928 OF 2007 The Commissioner of Income Tax. ..Appellant. Vs. M/s. Mukesh G. Dattani. ..Respondent. Mr.A.S.Rao and P.S.Sahadevan for the Appellant. None for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 16TH FEBRUARY,2008. PC : 1. We have heard the learned counsel for the appellant. There is a delay of 72 days. Considering the cause shown, delay condoned subject to the appellant paying to the respondent costs quantified at Rs.5000/- as condition precedent within six weeks from today. On failure to pay the costs within stipulated period, appeal to stand dismissed for non prosecution. 2. Further, office objections, if any, should be removed within six weeks from today. Failure to remove the office objections, appeal to stand dismissed for non prosecution. 3. It is open to the revenue to recover the costs to be paid from the officers concerned, if it is found that delay in filing the appeal was caused on account of their negligence. (R.S. MOHITE, J.) (F.I. REBELLO, J.)