1 nma1526.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1526 OF 2011 IN CENTRAL EXCISE APPEAL (LODGING) NO. 80 OF 2009 The Commissioner, Central Excise & Service Tax, Large Tax Payer Unit. .....Appellant. Vs. M/s. Asian Paints Ltd. & Anr. .....Respondents. Mr. Pradip S. Jetly with Mr. Jitendra B. Mishra for the Appellant. None for the Respondents. CORAM : DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE : JUNE 27, 2011 P.C.: Though the Appeal was filed within the period of limitation, it has been dismissed for non-compliance with the conditional order passed by the Prothonotary and Senior Master on 15 December, 2009 for the removal of office objections. There is a delay in taking out the Motion for restoration which is explained in the affidavit in support. The Respondents though served, have not filed any opposition to the 2 nma1526.11.sxw ssm Motion. Having heard counsel appearing for the Appellant, we are of the view that sufficient cause has been shown. The Motion is made absolute in terms of prayer clauses (a) and (b). The office objections, if any, shall be removed until 25 July 2011 failing which the Appeal shall stand dismissed for want of prosecution without reference to the Court. The Motion is accordingly disposed of. There shall be no order as to costs. (ANOOP V. MOHTA, J.) (DR. D.Y. CHANDRACHUD, J.)