1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1266 OF 2010 IN CUSTOMS APPEAL NO. 80 OF 2009 Harish B. Jain. ... Appellant. V/s. Commissioner of Customs and another. ... Respondents. WITH NOTICE OF MOTION 1267 OF 2010 IN CUSTOMS APPEAL NO. 79 OF 2009 Shantilal Jain. ... Appellant. V/s. Union of India and another. ... Respondents. A.J.Rana, senior counsel with M.S.Kumthekar for the respondents in support of notice of motion. None for the appellants. CORAM : V.C.DAGA AND K.K.TATED, JJ. DATED : 27th April 2010. P.C. : Heard. Perused record. 2. By these notices of motion a prayer is made to recall our order dated 11th March, 2010 passed in Custom Appeal Nos.79/2009 and 80/2009 or to expunge the remarks so far as the present applicant Mr.A.S.Rao, Advocate is concerned. 2 3. Having heard, Mr.Rao, Advocate, who is present in the Court with folded hands, tendered his unconditional apology and also given an oral undertaking to this Court that henceforth he will be diligent while discharging the duties as an Advocate for the State or Union of India and/or Corporate Bodies etc. Having given out thoughtful consideration to the submission made by Mr.Rana, learned senior counsel appearing for him, following order is passed: O R D E R The second sentence appearing in para-7 of the order dated 11th March, 2010 reading as “The explanation is not acceptable to this Court. It appears that advocates took chance before this Court to get the appeal disposed of on merits. An attempt on the part of the advocates was to take the Court for ride at the cost of Revenue” stands deleted. As a consequence, the third sentence appearing in para-8 of the said order reading as “finding, prima facie; that it was not a bonafide mistake” shall also stand deleted. Order dated 11th March, 2010 stands modified in terms of this order. Rest of the order stands as it is. Order accordingly. (K.K.TATED, J.) (V.C.DAGA J.)