/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1245 OF 2008 IN INCOME TAX APPEAL LODGING NO.1187 OF 2005 The Commissioner of Income Tax, Mumbai ...Appellant V/s. M/s.Mac Transport Co. ...Respondent Mr.P.S. Sahadevan for Appellant. Mr.A.K. Jasani for Respondent. CORAM : DR.S. RADHAKRISHNAN & A.V. NIRGUDE, JJ. DATED : 29th APRIL, 2008. P.C.:- 1. Heard learned counsel for appellant and learned counsel for respondent. It appears that in earlier Notice of Motion No.3117 of 2005, delay of 123 days was condoned subject to the appellant paying costs quantifying Rs.2500/- within a period of four weeks. However, it appears that there is delay in paying the said amount. Said order also made clear that if the / 2/ appellant fails to remove the office objections within a period of four weeks from 6th February, 2008, appeal to stand dismissed for non prosecution without further reference to the Court. Affidavit filed in support of Notice of Motion does not even mention as to what steps were taken to get appeal numbered and why same could not be numbered within four weeks. There is absolutely no reason except bare statement that “it was beyond our control”. We are not at all satisfied with the above reason. Notice of Motion stands dismissed. Needless to say that appeal already stood dismissed by the earlier order. (DR.S. RADHAKRISHNAN, J.) (A.V. NIRGUDE, J.)