The Principal Commissioner Of Income Tax-5 v. Van Oord India Pvt.Ltd

40 NMA 822-19.doc Urmila IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 822 OF 2019 IN INCOME TAX APPEAL ST. NO. 3028 OF 2017 The Principal Commissioner of Income Tax-5 ... Applicant Vs.

Van Oord India Pvt. Ltd.

... Respondent Mr. Nirmal C. Mohanty for the Applicant.

Ms.Jasmine A. i/b PDS Legal, for Respondent.

CORAM : NITIN JAMDAR & M. S. KARNIK, JJ.

DATE : 19 DECEMBER, 2019.

P. C. :

.

Heard learned Counsel for the parties.

2.

We have perused affidavit in support of Notice of Motion. Sufficient cause is made out by the Applicant to condone the delay in filing the Notice of Motion and for restoration of the Appeal. Delay in filing the Notice of Motion is condoned. Subject to removal of all office objections within a period of eight weeks from today, the order passed by the Prothonotary & Senior Master dated 16 November 2018 is set aside. If office objections are not removed within eight weeks from today, the earlier order will stand revived. 1/2

40 NMA 822-19.doc 3.

The contention of the Respondent that Appeal has become infructuous will be considered as and when the Appeal is taken up for hearing.

4.

Notice of Motion is accordingly allowed.

[M. S. KARNIK, J.] [NITIN JAMDAR, J.] Digitally signed by Urmila P. Ingle Date:

2019.12.20 18:06:52 +0530 Urmila P.

Ingle 2/2