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.1344 OF 2008 OF MOTION NO.1344 OF 2008 OF MOTION NO.1344 OF 2008 in in in INCOME INCOME INCOME TAX APPEAL (L) NO.640 OF 2002 TAX APPEAL (L) NO.640 OF 2002 TAX APPEAL (L) NO.640 OF 2002 in in in INCOME INCOME INCOME TAX APPEAL NO. TAX APPEAL NO. TAX APPEAL NO. OF OF OF 2008 2008 2008 The Commissioner of Income Tax 26, Mumbai .. Appellant Vs. Mrs gita C.Salgaonkar .. Respondent Mr.P.S.Sahadevan for Appellant Mr.P.N.Naik for Respondent CORAM CORAM CORAM : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and : Dr.S.Radhakrishnan and A.V.Nirgude, A.V.Nirgude, A.V.Nirgude, JJ JJ JJ DATED DATED DATED : 28th April, 2008 : 28th April, 2008 : 28th April, 2008 P.C. P.C. P.C. 1. Heard learned counsel for the parties. By this notice of motion, the appellant is seeking condonation of 120 days delay caused infiling the appeal. For the reasons stated in the affidavit in support of the notice of motion, sufficient cause is made out for condonation of delay and 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 clause (a). Learned counsel for the appellant undertakes to furnish copy of memo of appeal along with its annexures within two weeks from today. 2. Place the appeal on board for admission in the month of September, 2008 subject to numbering. (A.V.Nirgude, (A.V.Nirgude, (A.V.Nirgude, J) J) J) (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, (Dr.S.Radhakrishnan, J) J) J)