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2015 (9) TMI 78 - BOMBAY HIGH COURT

2015 (9) TMI 78 - BOMBAY HIGH COURT - TMI - Condonation of delay of 1203 days - affidavit in support of the notice of motion states that the reason for the delay was the change in the panel of advocates representing the revenue with effect from June 2008 - Held that:- The affidavit in support does not inspire confidence. It states the appeal was dismissed on 17 April 2007 while the advocate representing the revenue in this case was removed from the panel in June 2008. Thus there is no explanatio .....

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oint out, what efforts were made, if any, to be in touch with their counsel appearing in respect of the appeal and the result of their attempts at contacting the advocate.

The explanation offered for the delay is without any basis particularly because the date of coming to know of the dismissal of the appeal is not stated in the affidavit. The manner in which the affidavit in support has been filed display a casual approach. Notice of motion as filed by the revenue is dismissed - Noti .....

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this motion. 2. The affidavit in support of the notice of motion states that the reason for the delay was the change in the panel of advocates representing the revenue with effect from June 2008. Consequently, the deponent of the affidavit was not informed that the appeal was dismissed for non-removal of office objections. Further in support thereto, it is stated that there was lack of communication with the then counsel appearing for the revenue. 3. The affidavit in support does not inspire con .....

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