:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.1128 OF 2008 OF MOTION NO.1128 OF 2008 OF MOTION NO.1128 OF 2008 IN IN IN CENTRAL CENTRAL CENTRAL EXCISE APPEAL (L) NO.30 OF 2008 EXCISE APPEAL (L) NO.30 OF 2008 EXCISE APPEAL (L) NO.30 OF 2008 The Commissioner of Central Excise ..Appellant Vs. M/s.Jsons Foundry Pvt. Ltd. ..Respondent Mr.A.S.Rao with Mr.S.D.Bhosale i/b.Anamika Malhotra for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & A.V.NIRGUDE, A.V.NIRGUDE, A.V.NIRGUDE, JJ. JJ. JJ. DATE DATE DATE : 12TH JUNE, 2008 : 12TH JUNE, 2008 : 12TH JUNE, 2008 P.C. P.C. P.C. . Heard the learned Counsel for the Appellant. None appeared for Respondent, though served. The learned Counsel for the Appellant undertakes to file Affidavit of service within a week from today. By this Notice of Motion, the Appellant is seeking condonation of 127 days’ delay caused in filing the above Appeal. Perused the Notice of Motion and Affidavit-in-support thereof. For the reasons stated therein sufficient cause is made out for condoning the delay. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). (A.V.NIRGUDE,J.) (A.V.NIRGUDE,J.) (A.V.NIRGUDE,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) :2: