:1: bgp bgp bgp 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.2804 OF 2008 OF MOTION NO.2804 OF 2008 OF MOTION NO.2804 OF 2008 IN IN IN INCOME INCOME INCOME TAX APPEAL NO.331 OF 2005 TAX APPEAL NO.331 OF 2005 TAX APPEAL NO.331 OF 2005 The Commissioner of Income Tax ..Appellant Vs. M/s.Seamist Properties Pvt.Ltd. ..Respondents Mr.Sureshkumar for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 16TH OCTOBER, 2008 : 16TH OCTOBER, 2008 : 16TH OCTOBER, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the Appellant. By this Notice of Motion, the Appellant is seeking to recall of our order dated 2nd June,2008, whereby the above Appeal was dismissed in default. Perused the Affidavit in support of the Notice of Motion. Sufficient cause is made out for recalling the aforesaid order. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clauses (a) & (b). . Place the matter on board for admission on 19th November, 2008. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)