*1* kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.258/2010 IN CENTRAL EXCISE APPEAL (Lodging) No.81/2009 Ram Steel Rolling and Forging Mills. ..Appellant -Versus- Union of India and others. ..Respondents ........... Mr.Madhusudan Nair, for the Appellant. Mr.A.S.Rao a/w Mr.Suresh Kumar, for the Respondents. .......... CORAM : V.C.DAGA & K.K.TATED, JJ. Date : 23rd February, 2010. P.C. 1 Heard the learned counsel appearing for the rival parties on the Notice of Motion seeking condonation of delay of 371 days in filing the appeal. Perused motion along with affidavits. 2 During the course of hearing, the learned counsel for the Appellant has filed an affidavit/undertaking explaining the factual circumstances and also expressing its willingness to deposit Rs.5 Lacs to show bonafides of the Appellant. 3 Taking into consideration the rival contentions, overall view of the matter and consensus between the parties, the delay in filing the appeal is condoned subject to deposit of Rs.5 Lacs by the *2* Appellant (over and above the deposits already made) within a period of two weeks from today. After such deposit, the Revenue shall be at liberty to withdraw the same subject to result of this appeal. The withdrawal shall not prejudice the contentions of either of the parties. 4 It is needless to mention that failure on the part of Appellant to deposit the amount, the motion shall stand automatically dismissed without further reference to the Court. In that event, the Registry shall consign appeal papers to record. 5 Notice of Motion is, accordingly, disposed of with no order as to costs. (K.K.TATED, J.) (V.C.DAGA, J.)