IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No.3267 OF 2008 IN INCOME TAX APPEAL (L) No.1907 OF 2008 The Commissioner of Income-Tax-8, Appellant Mumbai Vs Hybro Foods Pvt. Ltd., Mumbai ... Respondent Mr. Suresh Kumar, for the appellant. Mr. Rajesh Poojari i/b Mint & Confreres, for the respondent. CORAM: Dr. S. RADHAKRISHNAN, & V. C. DAGA, JJ. DATED: DECEMBER 10, 2008. P.C.: ---- . Heard the learned counsel for the appellant and the learned counsel for the respondent. In the above Appeal, applicant is seeking condonation of delay of 178 days in filing the appeal. Perused Notice of Motion and the affidavit in support thereof. Sufficient cause is made out for condoning the delay. There is no case of inaction, negligence or want of bona fide on the part of the applicant. Hence, Notice of Motion is made absolute in terms of prayer Clause (a). Sd/- Sd/- - 2 - [ V. C. DAGA,J.] [ Dr. S. RADHAKRISHNAN, J.]