:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.260 OF 2009 IN INCOME TAX APPEAL LODGING NO.2492 OF 2008 The Commissioner of Income Tax. ..Appellant. Vs. S.Rajiv & Co. ..Respondent. Mrs. Anuradha Mane with P.S.Sahadevan for the Appellant. Mr.S.J. Mehta for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATE : 6TH FEBRUARY,2009. PC : 1. This is a notice of motion for condoning 1252 days delay in filing the main appeal. 2. On perusing the affidavit in support, it appears that the approval for filing the appeal was granted on 16.3.2005 but the appeal came to be filed more than three years and four months later, on 31.7.2008. The delay between the period 16.3.2005 and 31.7.2008 has not been properly explained. In our view, therefore, the cause shown does not amount to sufficient cause. Notice of motion is therefore dismissed. Consequently appeal dismissed. Certified copy expedited. (R.S. MOHITE, J.) (F.I. REBELLO, J.)