bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.650 OF 2010 IN CENTRAL EXCISE APPEAL (L) NO.5 OF 2008 Commissioner of Central Excise ..Appellant Vs. M/s.Vipras Castings Ltd. ..Respondent Mr.R.V.Desai, Senior Advocate with Mr.Suresh Kumar for appellant. None for respondent. CORAM :- V.C.DAGA & K.K.TATED,JJ. DATE : 23RD MARCH,2010 P.C. 1. Heard. The appeal appears to have been filed on 7th January, 2008. Right upto date of dismissal i.e. upto 20th February, 2009 for almost one year, objections were not removed. After rejection of this petition by the Prothonotary and Senior Master in exercise of powers under Rule 986, the prayer for restoration of appeal is taken out after a lapse of two years. The explanation for causing such a gross delay in taking out a Notice of Motion for restoration of appeal is not acceptable and the negligence on the part of the Revenue cannot be overlooked. The Notice of Motion is, therefore, stands dismissed. 2. In view of dismissal of Notice of Motion, the present appeal also stands dismissed. (K.K.TATED,J.) (V.C.DAGA,J.)