1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION-3324/2010 IN CEXA 27/2004 The Commissioner of Central Excise,Raigad APPLICANT VS. M/s Modernova Plastyles Pvt.Ltd. RESPONDENT Mr.J.B.mishra for appellant Ms.Aparna Hirandagi for respondent CORAM- J.P.DEVADHAR ,AND MRS.MRIDULA BHATKAR,JJ. DATE -20TH JANUARY,2011. P.C. . By this Notice of Motion the appellant seeks condonation of delay in taking out the Notice of Motion and also seeks recalling of order dated 8/6/2010 by which the appeal was dismissed as none appeared on behalf of the appellant. o5t4 2 It may be noted that the above appeal was also dismissed on the earlier occasion on 5/11/2009 when none appeared for the appellant . On Notice of Motion 361/2010 2 taken out by the appellant the appeal was restored. Thereafter, once again, none appeared and therefore, the appeal was dismissed on 8/6/2010. 3 Though the explanation given in the affidavit is not convincing, in the interest of justice the Notice of Motion is made absolute in terms of prayer clause ‘a and b’ subject to the payment of cost of Rs.10,000/- to be paid to the respondent within one week from today. Notice of Motion is disposed of. (MRS.MRIDULA BHATKAR,J.) (J.P.DEVADHAR,J.)