1 nma1217-11 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1217 OF 2011 IN INCOME TAX APPEAL NO.4746 OF 2010 The Commissioner of Income Tax-LTU ..Appellant. V/s. Lubrizol India Pvt. Ltd. ..Respondent. Mr. Suresh Kumar for the appellant. Mr. Atul K. Jasani for the respondent. CORAM : J.P. DEVADHAR AND A.A.SAYED, JJ. DATED : 27TH JULY, 2011 P.C. :- 1. This Notice of Motion is taken out by the revenue seeking condonation of delay of 577 days in filing the Notice of Motion. The Motion is opposed by counsel for the respondent. Though no sufficient cause is shown in the affidavit filed in support of the Notice of Motion, in the interest of justice, in our opinion, the delay deserves to be condoned subject to payment of costs. Accordingly, Notice of Motion is made absolute in terms of prayer clauses (a) & (b) subject to payment of cost 2 nma1217-11 of Rs.5,000/- to be paid by the appellant to the respondent within a period of two weeks from today. 2. Subject to payment of cost, to be paid within the time stipulated herein, the Notice of Motion is made absolute in terms of prayer clauses (a) & (b). (A.A. SAYED, J.) (J.P. DEVADHAR, J.)