1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3130 of 2009 IN CENTRAL EXCISE APPEAL NO.259 of 2006 AND CENTRAL EXCISE APPEAL NO.259 of 2006 The Commissioner of Customs and Central Excise .. Appellant versus Brass Copper and Alloys .. Respondent ... Mr. P.S. Jetly with Mr.Rajinder Kumar for the appellant. None for the respondents. CORAM : F. I. REBELLO AND D.G. KARNIK, JJ DATED : 29th September 2009 P.C:- 1. We have perused the impugned order and the affidavit in support. 2. In the instant case, appeal was dismissed on respondent failing to take steps. Cause shown does not amount to sufficient cause. Even otherwise, penalty was reduced from Rs.25,000/- to Rs.5,000/-. On behalf of the respondent, learned counsel submits that the case would be covered by the judgement of Supreme Court in Dharmendra Textiles, 2008 (231) E.L.T 3 (SC). 2 3. Considering the amount and the failure to take steps, we are not inclined to interfere. Motion and appeal dismissed. (D.G. KARNIK, J) (F.I. REBELLO, J)