: 1 : 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 NOTICE NOTICE NOTICE OF MOTION NO.1222 OF 2008 OF MOTION NO.1222 OF 2008 OF MOTION NO.1222 OF 2008 IN IN IN CENTRAL CENTRAL CENTRAL EXCISE APPEAL (L.) NO.12 OF 2008 EXCISE APPEAL (L.) NO.12 OF 2008 EXCISE APPEAL (L.) NO.12 OF 2008 The Commissioner of Central Excise, . Pune - II ...Appellant V/s. Esteem Services, Ichalkaranji ...Respondent Mr.Y.S. Bhate with Mr.S.D. Bhosale, Advocates, for the Appellant. . None for the Respondent. CORAM CORAM CORAM : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & : DR. S. RADHAKRISHNAN & A.V. A.V. A.V. NIRGUDE, JJ. NIRGUDE, JJ. NIRGUDE, JJ. DATE DATE DATE : 19TH JUNE, 2008. : 19TH JUNE, 2008. : 19TH JUNE, 2008. P.C. P.C. P.C. : : : . Heard the learned Counsel for the Appellant. None appears for the Respondent though served. The learned Counsel for the Appellant state that the Respondent has already been served and they undertake to file the affidavit-of-service within a period of one week from today. 2. By this Notice of Motion, the Appellant is seeking condonation of delay of 145 days in filing the Appeal. Perused the Notice of Motion and the affidavit-in-support thereof. For the reasons stated therein, sufficient cause is made out. There is no case of inaction, negligence or want of bonafides on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). : 2 : [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.] [DR. [DR. [DR. S. RADHAKRISHNAN, J.] S. RADHAKRISHNAN, J.] S. RADHAKRISHNAN, J.]