1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1763 OF 2009 IN INCOME TAX APPEAL (L) NO.1122 OF 2009 Vivek Krishnan Nair, Mumbai ..Appellant. Versus Asstt. Commissioner of Income-tax, Mumbai & Anr. ..Respondents. Mr.Atul K. Jasani for the appellant. Mr.P.S. Sahadevan for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATE : 26th JUNE, 2009 P.C. : 1. Heard learned counsel for the appellant and the respondent. Perused the affidavit in support of the Notice of Motion. For the reasons stated in the affidavit, Notice of Motion is made absolute in terms of prayer clause (a). Appeal be numbered. Notice of Motion is disposed of accordingly with no order are to costs. 2. Appellant is directed to remove office objections, if any, and serve the unserved respondent within four weeks from today. Hamdust allowed. In addition to hamdast service, private service by R.P.A.D. / Speed post is permitted. Failure on the part of the appellant to remove office objections and / or to serve the unserved respondent, appeal shall stand dismissed against the unserved respondent without reference to the Court. (J.P. Devadhar, J.) (V.C. Daga, J.)