: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.4407 OF 2006 OF MOTION NO.4407 OF 2006 OF MOTION NO.4407 OF 2006 IN IN IN CENTRAL CENTRAL CENTRAL EXCISE APPEAL (L) NO.293 OF 2006 EXCISE APPEAL (L) NO.293 OF 2006 EXCISE APPEAL (L) NO.293 OF 2006 Commissioner of Central Excise ..Appellant Vs. M/s.BPL Mobile Communications Ltd. ..Respondent Mr.S.M.Shah with Ms.N.Masurkar with Mr.S.D.Bhosale for the Appellant. None for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & A.P.BHANGALE, A.P.BHANGALE, A.P.BHANGALE, JJ. JJ. JJ. DATE DATE DATE : 5TH JUNE, 2008 : 5TH JUNE, 2008 : 5TH JUNE, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the Appellant. None appeared for the Respondents. In the above, the Notice of Motion has been taken out for condoning the delay of 138 days over and above the statutory period of 180 days. Though the above Notice of Motion and Affidavit-in-support was affirmed on 21st August,2006, the Notice of Motion was registered after almost four months in the month of December,2006 and till date, the Respondents have not been served and no attempt has been made to serve them. 2. We have perused the Affidavit-in-support of the Notice of Motion. The said Affidavit shows that the Appellant was diligently following the matter for :2: filing the Appeal on due date itself. However, for the reasons beyond the control of the Appellants’ office, and due to dislocation of routine office work and also on account of natural calamities and bomb blast the delay has been occurred in filing the above Appeal. 3. We are not at all satisfied with the reasons given. No sufficient cause is made out for condoning the delay. Hence, the Notice of Motion stands dismissed. 4. In view of the dismissal of the Notice of Motion the above Appeal (L)No.293 of 2006 stands dismissed. (A.P.BHANGALE,J.) (A.P.BHANGALE,J.) (A.P.BHANGALE,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)