1 NMA 3140.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3140 OF 2011 IN CENTRAL EXCISE APPEAL (L) NO.129 OF 2008 The Commissioner of Central Excise, Nashik Division, Nashik. ... Appellant. V/s. M/s. Raymonds Ltd. and Anr. ... Respondents. Mr. M.I. Sethna, Senior Advocate with Mr. Jitendra B. Mishra for the Appellant. Mr. Prakash Shah with Mr. Jas Sanghavi i/b. PDS Legal for Respondent 1. CORAM : DR. D.Y. CHANDRACHUD & A.A. SAYED, JJ. 17 DECEMBER 2011. P.C. :- The Motion is for condoning a delay of 894 days in taking out a Motion for restoration of a Central Excise Appeal which stands dismissed for non-compliance with the conditional order passed by the Prothonotary and Senior Master on 27 February 2009 under Rule 986 of the High Court, Original Side Rules, 1980. Though an opportunity was granted to the Respondents to file a reply, no reply has been filed. 2 NMA 3140.11.sxw 2. Counsel appearing on behalf of the Respondents states that the Application for condonation is not opposed. Accordingly, the Motion is made absolute in terms of prayer clauses (a) and (b). 3. This order, it is clarified on the request of the Counsel appearing on behalf of the Respondents is without prejudice to the contentions of the Respondents in regard to the maintainability of the Appeal. (Dr. D.Y. Chandrachud, J.) (A.A. Sayed, J.)