1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2628 OF 2007 NOTICE OF MOTION NO. 2628 OF 2007 NOTICE OF MOTION NO. 2628 OF 2007 IN IN IN INCOME TAX APPEAL (L) NO. 175 OF 2007 INCOME TAX APPEAL (L) NO. 175 OF 2007 INCOME TAX APPEAL (L) NO. 175 OF 2007 The Commisioner of Central Excise, Pune-III. .. Appellant. vs. M/s. Cipla Ltd., .. Respondents. Mr. Y.S. Bhate and S.D. Bhosale for Appellant. None for Respondents. CORAM: DR. S. RADHAKRISHNAN & CORAM: DR. S. RADHAKRISHNAN & CORAM: DR. S. RADHAKRISHNAN & SANTOSH BORA, JJ. SANTOSH BORA, JJ. SANTOSH BORA, JJ. DATE: 24TH APRIL, 2008. DATE: 24TH APRIL, 2008. DATE: 24TH APRIL, 2008. P.C. . Heard the learned counsel for the Appellant. By this Notice of Motion, the Appellant is seeking condonation of 500 days delay caused in filing the Appeal. 2. Perused the affidavit-in-support of the Notice of Motion. It appears that the impugned order was 2 passed by the Customs, Excise and Service Tax Appellate Tribunal on 30.6.2005 and the appeal came to be lodged on 13.7.2007 and, therefore delay of 500 days. 3. We are not satisfied with the reasons given that delay was caused due to procedural delay in taking decision of filing appeal and it was not deliberate. No sufficient cause is made out for condonation of delay. Hence, Notice of Motion stands dismissed. 4. In view of the dismissal of the notice of motion, the appeal also stands dismissed. (DR. S. RADHAKRISHNAN, J.) (DR. S. RADHAKRISHNAN, J.) (DR. S. RADHAKRISHNAN, J.) (SANTOSH BORA, J.) (SANTOSH BORA, J.) (SANTOSH BORA, J.)