1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4107 OF 2009 IN CENTRAL EXCISE APPEAL NO.26 OF 2004 The Commissioner of Central Excise & Customs ..Appellant. V/s. M/s. Gujchem Distillers India Pvt. Ltd. ..Respondent. Mr. P.S. Jetly for appellant. Mr. Sagar Kulkarni for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 17TH DECEMBER, 2009. P.C. :- 1. Heard learned counsel for the appellant and the respondent. By consent of the parties, for the reasons stated in the affidavit in support of the Notice of Motion, the order dated 12th November, 2009 is recalled and the appeal is restored to file. 2. Notice of Motion is disposed of accordingly with no order as to costs. 3. The appeal be placed on board for final hearing after vacation. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)