: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 O.O.C.J. O.O.C.J. O.O.C.J. NOTICE OF MOTION NO.1577 OF 2008 NOTICE OF MOTION NO.1577 OF 2008 NOTICE OF MOTION NO.1577 OF 2008 IN IN IN CENTRAL EXCISE APPEAL (LODG.) NO.73 OF 2008 CENTRAL EXCISE APPEAL (LODG.) NO.73 OF 2008 CENTRAL EXCISE APPEAL (LODG.) NO.73 OF 2008 The Commissioner of Central Excise, Pune. ...Appellant. v. M/s. Ambika Cement Pipe & Allied Product ...Respondents. Ms.H.P.Shah & S.D.Bhosale , advs. for the Appellant. CORAM: CORAM: CORAM: B.H.MARLAPALLE B.H.MARLAPALLE B.H.MARLAPALLE & J.H.BHATIA, JJ. & J.H.BHATIA, JJ. & J.H.BHATIA, JJ. DATE: 18th June, 2008. DATE: 18th June, 2008. DATE: 18th June, 2008. P.C. P.C. P.C. 1. This notice of motion is taken out by the Revenue in Central Excise Appeal (Lodging) No.73 of 2008 praying for condonation of delay caused in filing the said appeal. 2. As per the learned counsel for the appellant, the delay caused is of 40 days and the appeal was required to be filed by 3-2-2008 and the appeal has been filed on 14-3-2008. It is further submitted in the affidavit filed by Smt. Shobha Chary, the Commissioner of Central Excise, Pune II that the draft of the appeal memo prepared by the learned advocate was received only on 23-2-2008 and after the same has been finalised, the :2: appeal has been presented to this Court on 14-3-2008. 3. The explanation furnished for condonation of delay makes out good and sufficient reasons to condone the delay. The learned counsel for the appellant also stated that notice of motion was served on the assessee but none appear. 4. Hence, Notice of Motion is allowed in terms of prayer clause (a) and delay is condoned. The appeal be listed for admission as and when circulated. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE, J.) (B.H.MARLAPALLE, J.) (B.H.MARLAPALLE, J.)