: 1 : 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.1795 OF 2008 OF MOTION NO.1795 OF 2008 OF MOTION NO.1795 OF 2008 IN IN IN WEALTH WEALTH WEALTH TAX APPEAL (L.) NO.954 OF 2008 TAX APPEAL (L.) NO.954 OF 2008 TAX APPEAL (L.) NO.954 OF 2008 The Commissioner of Income Tax - 3, . Mumbai ...Appellant V/s. Premier Ltd., . [Formerly known as Premier Automobiles . Ltd.] ...Respondent Mr.Vimal Gupta, Advocate, for the Appellant. None for the Respondent. CORAM CORAM CORAM : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & A.V. A.V. A.V. NIRGUDE, JJ. NIRGUDE, JJ. NIRGUDE, JJ. DATE DATE DATE : 9TH JUNE, 2008. : 9TH JUNE, 2008. : 9TH JUNE, 2008. P.C. P.C. P.C. : : : . Heard the learned Counsel for the Appellant. None appears for the Respondent though served. The learned Counsel for the Appellant states that the Respondent has already been served and he undertakes to file the affidavit-of-service within a period of one week from today. 2. By this Notice of Motion, the Appellant is seeking condonation of delay of 94 days in filing the Appeal. Perused the Notice of Motion and the affidavit-in-support thereof. For the reasons stated : 2 : therein, sufficient cause is made out. There is no case of inaction, negligence or want of bonafides on the part of the appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.] [DR. [DR. [DR. S. RADHAKRISHNAN, J.] S. RADHAKRISHNAN, J.] S. RADHAKRISHNAN, J.]