IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.1578 OF 2008 NOTICE OF MOTION NO.1578 OF 2008 NOTICE OF MOTION NO.1578 OF 2008 IN IN IN CENTRAL EXCISE APPEAL (L) NO.74 OF 2008 CENTRAL EXCISE APPEAL (L) NO.74 OF 2008 CENTRAL EXCISE APPEAL (L) NO.74 OF 2008 The Commissioner of Central Excise ..Appellant. Pune-II v. M/s. Krishna Antioxidants Pvt. Ltd. ..Respondents. Mr.S.D.Bhosale i/by R.Asokan, adv. for the appellant. None for the respondent. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA, JJ. J.H.BHATIA, JJ. J.H.BHATIA, JJ. DATE : 3rd July, 2008. DATE : 3rd July, 2008. DATE : 3rd July, 2008. P.C. P.C. P.C. 1. The applicant/revenue has filed Central Excise Appeal (L) No.74 of 2008 but belatedly. Hence, this notice of motion is filed for delay condonation. 2. The appeal is beyond time by 47 days and we have gone through the affidavit filed by the Commissioner of Central Excise, Pune II, which justifies the delay caused. The Central Excise Tribunal passed its order dated 20-6-07 and it was received by Revenue on 31-7-07. Proposal for filing the appeal was forwarded to the Law Ministry on 7-1-2008 and the draft was prepared on 8-1-2008. It was received by the department on 21-2-08. The appal has been filed on 14-3-2008. 3. The assessee was issued a notice on this notice of motion and none appears for the respondent/assessee. 4. We are satisfied that good and sufficient reasons are made out to condone the delay and hence, the motion is hereby allowed. 5. Appeal be listed before the regular bench. (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)