IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2249 OF 2003 NOTICE OF MOTION NO.2249 OF 2003 NOTICE OF MOTION NO.2249 OF 2003 IN IN IN INCOME TAX APPEAL (LOD) NO.742 OF 2003 INCOME TAX APPEAL (LOD) NO.742 OF 2003 INCOME TAX APPEAL (LOD) NO.742 OF 2003 The Commissioner of Income-tax ..Appellant. V/s. M/s.Afcons Infrastructure Ltd. ..Respondent. Mr.A.N.Kotangale with P.S. Sahderan for appellant. Mr.S.P.Mehta for respondent. CORAM : DR. S.RADHAKRISHNAN AND CORAM : DR. S.RADHAKRISHNAN AND CORAM : DR. S.RADHAKRISHNAN AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 6TH MARCH, 2007. DATED : 6TH MARCH, 2007. DATED : 6TH MARCH, 2007. P.C. :- P.C. :- P.C. :- The learned counsel for the appellant seeks leave to withdraw the appeal. The appeal is allowed to be withdrawn and dismissed as such. 2. In view of the disposal of the appeal, the Notice of Motion stands dismissed. 3. Court fees be refunded as per rules. (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (DR.S.RADHAKRISHNAN, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)