:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION REVIEW REVIEW REVIEW PETITION NO.25 OF 2008 PETITION NO.25 OF 2008 PETITION NO.25 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.3289 OF 2007 OF MOTION NO.3289 OF 2007 OF MOTION NO.3289 OF 2007 IN IN IN CENTRAL CENTRAL CENTRAL EXCISE APPEAL NO.81 OF 2008 EXCISE APPEAL NO.81 OF 2008 EXCISE APPEAL NO.81 OF 2008 M/s.Ravi Batteries & Anr. ..Petitioners Vs. The Commissioner of Central Excise ..Respondent Mr.Atul Rajyadyaksha with Mr.Kedar Wagle for the Petitioners. Mr.A.S.Rao for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & S.J.KATHAWALLA, S.J.KATHAWALLA, S.J.KATHAWALLA, JJ. JJ. JJ. DATE DATE DATE : 9TH SEPTEMBER, 2008 : 9TH SEPTEMBER, 2008 : 9TH SEPTEMBER, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. The main grievance of the Petitioners is, that the Notice of Motion NO.3289 of 2007 was not served on the Petitioner and in view thereof, the learned Counsel for Petitioners seeks recall of our earlier order dated 24th April,2008, whereby the above Notice of Motion was made absolute. Mr.Rao, the learned Counsel for the Respondent had earlier strongly contended that the Petitioner was duly served. However, after two adjournments, Mr.Rao is unable to produce any document which shows that the Petitioners have been served. Even Mr.Rao candidly admits that the Petitioners were not served with the aforesaid Notice of Motion No.3289 of 2007. :2: 2. Having regard to the facts and circumstances of the case and in the larger interest of justice, when the Notice of Motion was taken out for condonation of delay and specially when the Petitioners have not been served, we recall our earlier order dated 24th April,2008 passed in Notice of Motion No.3289 of 2007. 3. The learned Counsel for the Petitioners states that the Petitioners will file Affidavit-in-reply in the above within a period of two weeks from today and furnish a copy thereof to the learned Counsel for the Respondent. 4. Place the above Notice of Motion No.3289 of 2007 for hearing on 1st October,2008. 5. The above Review Petition No.25 of 2008 stands disposed of accordingly. (S.J.KATHAWALLA,J.) (S.J.KATHAWALLA,J.) (S.J.KATHAWALLA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)