1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3257 OF 2009 IN CENTRAL EXCISE APPEAL NO.84 of 2005 WITH CENTRAL EXCISE APPEAL NO.84 of 2005 The Commissioner of Central Excise Thane .. Appellant versus M/s.Sugam Plast Pvt.Ltd. .. Respondent ... Mr.A.S. Rao with Mr.Rajinder Kumar for the appellant. None for the respondent. CORAM : F. I. REBELLO AND D.G. KARNIK, JJ DATED : 29th September 2009 P.C:- 1. The penalty imposed in this case is in an amount of Rs.14,960/-. The appeal was dismissed for non prosecution on 16th July 2005. Application for restoration is taken out on 9th September 2009. The only reason given is some communication gap. 2. Even otherwise, on considering the order itself, we find that it is purely a finding of fact. In the light of that, both motion and appeal are dismissed. (D.G. KARNIK, J) (F.I. REBELLO, J)