1 IN THE HIGH COURT OF JUDICIATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3423 OF 2002 IN INCOME TAX APPEAL (L) NO.1025 OF 2002 The Commissioner of Income-tax, Mumbai City - XII, Mumbai .. Appellant. V/s. M/s.Modison Investments .. Respondent. Mr.Ashok Kotangale for the appellant. Ms.Asifa Khan for the respondent. CORAM : V.C. DAGA & J.P. DEVADHAR, JJ. DATED : 24TH OCTOBER, 2005. P.C. : 1. Heard. 2. By order dated September 26, 2005 this matter was adjourned and thereafter on October 17, 2005 again time was granted to file better affidavit with condition that in case of failure on the part of the Revenue to file better affidavit, the matter shall be considered on its own merits. Considering the casual affidavit filed on record, we do not see any reason to condone the delay. In spite of grant of time no attempt is made to file better affidavit nor any time is asked for filing better affidavit. 2 3. In this view of the matter, for non-compliance of the order as well as for not explaining the delay, the notice of motion is dismissed with no order as to costs. 4. Record and proceedings of appeal be consigned to the record department. (V.C. DAGA, J.) (J.P. DEVADHAR, J.)