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.2400 OF 2006 NOTICE OF MOTION NO.2400 OF 2006 NOTICE OF MOTION NO.2400 OF 2006 IN IN IN INCOME TAX APPEAL (L) NO.1501 OF 2005 INCOME TAX APPEAL (L) NO.1501 OF 2005 INCOME TAX APPEAL (L) NO.1501 OF 2005 CIT .. Appellant Vs. M/s.Dynamix Dairy Industries Pvt.Ltd. .. Respondent Mr.P.S.Sahadevan for the Appellant. Mr.S.J.Mehta for the Respondent. CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & CORAM :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, JJ. S.J.KATHAWALLA, JJ. S.J.KATHAWALLA, JJ. DATE : 11h September, 2008 DATE : 11h September, 2008 DATE : 11h September, 2008 P.C. P.C. P.C. 1. The present Notice of Motion has been taken out by the Appellant for condonation of delay. However it appears that the earlier Notice of Motion No.3559 of 2005 which was also taken out by the Appellant for the very same purpose of condonation of delay was granted by this Court on 29.1.2008. Hence, in view of the aforesaid order dated 29.1.2008 passed in the Notice of Motion No.3559/2005, the present Notice of Motion bearing No.2400 of 2006 has become infructuous, and hence the Notice of Motion No.2400 of 2006 stands dismissed. (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.) (S.J.KATHAWALLA, J.) (DR.S.RADHAKRISHNAN,J.)