1 NMA 3226.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3226 OF 2011 WITH NOTICE OF MOTION NO. 814 OF 2005 WITH CENTRAL EXCISE APPEAL NO. 44 OF 2005 The Commissioner of Central Excise, Belapur. ... Appellant. V/s. M/s. KSH International Pvt. Ltd. ... Respondent. Mr. Jitendra B. Mishra for the Appellant. None for the Respondent. CORAM : DR. D.Y. CHANDRACHUD & A.A. SAYED, JJ. 30 NOVEMBER 2011. P.C. :- This Motion is for condoning a delay of 2009 days in filing the Motion for restoration of Central Excise Appeal 44 of 2005. There was a delay of 15 days in lodging the Appeal which was filed on 1 January 2005. There were five office objections and it has been stated that four were removed and to comply with the remaining objection in regard to delay, a Motion for condonation was taken out. The Prothonotary passed a conditional order on 8 February 2005, in pursuance 2 NMA 3226.11.sxw of which, the Appeal stood rejected on 19 March 2005. No explanation whatsoever has been furnished as to why no steps were taken between 2005 and until the filing of the Motion in October 2011, save and except to state that upon formation of a new panel in October 2008, steps were taken. Even since October 2008, there is a delay which is not explained. There is no satisfactory explanation whatsoever. The Motion is accordingly dismissed. 2. In view of the dismissal of the Motion, the Appeal and Notice of Motion 814 of 2005 shall not survive and accordingly stand disposed of. (Dr. D.Y. Chandrachud, J.) (A.A. Sayed, J.)