bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6507 OF 2009 M/s.Metal Impex ..Petitioner Vs. Commissioner of Customs (Import) ..Respondent Mr.H.R.Shetty i/b. H.R.Shetty & Co.for petitioner. Mr.R.V.Desai, Senior Advocate with Mr.J.B.Mishra for respondent. CORAM :- V.C.DAGA & K.K.TATED,JJ. DATE : 19TH MARCH,2010 P.C. 1. Heard. Perused petition. 2. The order-in-original was passed on 7th March,2007. Not satisfied with the said order, an appeal was preferred, which, in the belief of the petitioner was barred by law of limitation. Consequently, the petitioner applied for condonation of delay. That prayer for condonation of delay was rejected by an order dated 14th March, 2008. The petitioner did not challenge that order. With the result, the order dated 14th March, 2008 become final and conclusive. 3. The petitioner choose to move restoration of the appeal without challenging the order dated 14th March, 2008, which was rightly rejected by the order dated 5th January, 2009. No fault can be found with the said order of the Tribunal, since the order rejecting the application for prayer for condonation of delay was not challenged. 4. Mr.Shetty, learned Counsel for the petitioner submits that, factually, there was no delay in filing the appeal. Be that as it may, so long as order dated 14th March, 2008 rejecting the application for condonation of delay is holding the filed, a remedy to challenge the order dated 7th March, 2007 is not available for the petitioner. In this view of the matter, the petition stands dismissed with no order as to costs. (K.K.TATED,J.) (V.C.DAGA,J.)