1 nma543-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.543 OF 2011 IN CUSTOMS APPEAL (LOD) NO.167 OF 2006 The Commissioner of Central Excise, Thane-1 ..Appellant. V/s. M/s. Jagatpal Premchand Ltd. & Ors. ..Respondents. Mr. J.B. Mishra for the appellant. Mr. S. Nagvardia i/b. Mehta & Co. for the respondents. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATED : 13TH APRIL, 2011 P.C. :- 1. By this Notice of Motion, the appellant seeks condonation of 891 days delay in taking out the Notice of Motion for restoration of the appeal which was dismissed for want of removal of office objections. It is pertinent to note that the appeal filed in the year 2006 itself was beyond time. Notice of Motion taken out seeking condonation of delay was allowed by this Court on 11/4/2008. In the meantime, the appeal itself was dismissed pursuant to the conditional order dated 5/12/2006 2 nma543-11 passed by the Prothonotary and Senior Master for want of removal of office objections. The explanation given in the affidavit in support of the Notice of Motion for not removing the objections in time and the explanation given for the inordinate delay in taking out the Notice of Motion is wholly unsatisfactory. However, in our opinion, in the facts and circumstances of the case, it would be just and proper to condone the delay subject to payment of costs. Accordingly, the Notice of Motion is made absolute in terms of prayer clauses (a) & (b) subject to payment of cost of Rs.5,000/- to be paid by the appellant to the respondent within a period of 2 weeks from today. 2. If the cost is paid within two weeks, the appeal shall stand revived and the appellant shall remove all office objections within one week thereafter, failing which the appeal shall once again stand dismissed automatically without further reference to the Court. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)