1 IN HE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1893 OF 2009 IN CENTRAL EXCISE APPAL (LODG) NO. 31 OF 2009 The Commissioner of Central Excise Belapur Commissionerate & Anr. ... Appellant Vs. M/s. Cabot India Limited. ... Respondent Mr. Rajinder Kumar, Advocate, for the appellant. Mr. Manoj Sanklecha with Ms. Nandinee Mayekar, i/b. Little & Co., Advocates, for the respondent. CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 14th July, 2009. P.C. 1. Considering the Finance Bill 2009, the respondent really does not contest the power to condone the delay. However, it is submitted that the appellant failed to show cause to explain the delay of 821 days in filing appeal. 2 2. In support of the Notice of Motion, there is an affidavit of R. Anand, Assistant Commissioner of Central Excise on record. It is pointed out that the appellant had earlier preferred a common Central Excise Appeal No.227 of 2007. On 30.7.2008, appeal came to be herd. It was restricted to one appeal and liberty was sought to prefer separate appeals in the other matters. Accordingly, separate appeals have been filed. In para 3, it is pointed out that the papers relating to the matter were with another advocate, who did not take any steps to prefer appeals. Thereafter when the papers were handed over by the Department to the present Advocate, the appeals were then filed. He, therefore, submits that there is no intentional or deliberate delay on the part of the appellant herein and the delay ought to be condoned. 3. After hearing Counsel, we find that as on 30.7.2008, a common appeal had been preferred and that can be said to be bonafide act on the part of the appellant. Between 30.7.2008 and 28.5.2009 the only explanation given is that the papers were with the earlier lawyer who could take no steps to prefer appeal and only when the papers were given to the next lawyer, that appeals have been preferred. 3 4. Considering that there was change in the panel of lawyers and as we are hearing the appeal today itself, the delay is condoned. Office to register the appeal. (J.H.BHATIA,J.) (F.I.REBELLO,J.)