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.1033 OF 2004 NOTICE OF MOTION NO.1033 OF 2004 NOTICE OF MOTION NO.1033 OF 2004 IN IN IN NOTICE OF MOTION NO.1309 OF 2003 NOTICE OF MOTION NO.1309 OF 2003 NOTICE OF MOTION NO.1309 OF 2003 IN IN IN INCOME TAX APPEAL (LODG.) NO.354 OF 2003 INCOME TAX APPEAL (LODG.) NO.354 OF 2003 INCOME TAX APPEAL (LODG.) NO.354 OF 2003 The Commissioner of Income tax ..Appellant. V/s. M/s.Nandini Piramal Inv. Ltd. ..Respondent. Mr.A.D. Kanugo for appellant. Mr.Rajesh Shah for respondent. CORAM : H.L.GOKHALE AND CORAM : H.L.GOKHALE AND CORAM : H.L.GOKHALE AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 14TH NOVEMBER, 2006. DATED : 14TH NOVEMBER, 2006. DATED : 14TH NOVEMBER, 2006. P.C. :- P.C. :- P.C. :- Heard Mr.Kanugo in support of the motion. Mr.Shah appears for respondent. The motion seeks restoration of Appeal (Lod.) No.354 of 2003 which was dismissed for no complying with the conditional order passed on 4th March, 2004. Mr.Shah leaves it to the Court to pass appropriate order to pass appropriate order. In the circumstances, we allow this motion. Hence motion for condonation of delay stands restored to the file. Motion disposed of. (H.L.GOKHALE, J.) (H.L.GOKHALE, J.) (H.L.GOKHALE, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)