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 ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2358 OF 2004 NOTICE OF MOTION NO.2358 OF 2004 NOTICE OF MOTION NO.2358 OF 2004 IN IN IN INCOME TAX APPEAL (LOD) NO.959 OF 2004 INCOME TAX APPEAL (LOD) NO.959 OF 2004 INCOME TAX APPEAL (LOD) NO.959 OF 2004 The Commissioner of Income-tax ..Appellant. V/s. Patel Roadways. Ltd. .Respondent. Mr.A.Kotangale for appellant. Mr.P.R.Toprani for respondent. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND R.V.MORE, JJ. R.V.MORE, JJ. R.V.MORE, JJ. DATED : 3RD JULY, 2007. DATED : 3RD JULY, 2007. DATED : 3RD JULY, 2007. P.C. :- P.C. :- P.C. :- There is a delay of 85 days in preferring the appeal. Shri R.V.Reddy, Dy.Commissioner of Income-tax has filed an affidavit in support of the Notice of Motion for condonation of delay and various steps taken therein have been set out. A reply has been filed on behalf of the respondent opposing the condontion of delay. 2. Considering what is set out in the affidavit of Shri Reddy, in our opinion cause shown would amount to sufficient cause. Delay is condoned. Motion is made absolute in terms of prayer clause (a). Office to register the appeal. (F.I.REBELL0, J.) (F.I.REBELL0, J.) (F.I.REBELL0, J.) (R.V.MORE, J.) (R.V.MORE, J.) (R.V.MORE, J.)