-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2826 OF 2008 IN INCOME TAX APPEAL (LODGING) NO. 1030 OF 2008 The Commissioner of Income Tax-3, Mumbai ).. Appellant Versus M/s Deepak Fertilizers & Petrochemicals Corpn.Ltd.).. Respondent Mrs Devki Iyer i/b Mr P S.Sahadevan for the Appellant. Mr B V Jhaveri for the Respondent. CORAM: SWATANTER KUMAR, C. J. & A.P. DESHPANDE, J. DATED: 9TH SEPTEMBER 2008. P.C. This Notice of Motion has been moved for condonation of 59 days' delay in filing the Appeal. No reply to the Motion has been filed. In fact, there is no serious opposition. Even otherwise, we are satisfied from the averments made in the affidavit in support of the Motion that sufficient cause has been shown for condonation of delay. Keeping in view the principles stated by this Court in the case of Ornate Traders Private Limitred vs The Income Tax Officer, Ward 3(2)(3), Mumbai, -2- Notice of Motion No.2281 of 2008 in Income Tax Appeal (Lodging) No.1814 of 2008 and other connected matters decided on 29th August 2008, we condone the delay. 2. Notice of Motion made absolute in terms of prayer clause (a). 3. Notice of Motion disposed of accordingly. 4. List the Appeal for admission on 30th September 2008. CHIEF JUSTICE A. P. DESHPANDE, J.