The Bombay High Court allowed the applicant to condone a four-day delay in filing a Notice of Motion under the ordinary original civil jurisdiction, based on averments in the supporting affidavit, and granted the notice of motion accordingly.
Notice of Motion was made absolute with condonation of 4 days' delay.
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SKN
1/1 1384.17-nma
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 1384 OF 2017 IN INCOME TAX APPEAL (LDG.) NO. 1110 OF 2017
Pr. Commissioner of Income Tax-14. … Applicant. V/s. Aditya Birla Telecom P.Ltd. … Respondent.
Mr.Suresh Kumar for the appellant. Mr.A.K.Jasani for the respondent.
CORAM : A.S.OKA AND A.K.MENON, JJ. DATE : 13th November 2017.
P.C.:
Heard the learned counsel appearing for the appellant and the learned counsel appearing of the respondent. In view of the averments made in the affidavit-in-support, sufficient cause is made out to condone delay of 4 days. Accordingly, notice of motion is made absolute in terms of prayer clause (a).
1 issue framed by the court
Whether sufficient cause is made out to condone the delay of 4 days in filing the notice of motion?
Pr. Commissioner of Income Tax-14
Aditya Birla Telecom P.Ltd.
A.S. OKA
A.K. MENON
As recorded by the court registry
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