1 nma1095.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1095 OF 2011 IN CUSTOMS APPEAL (LODGING) NO. 76 OF 2007 Commissioner of Customs (Preventive) .....Appellant. Vs. Shri Babulal Purohit. ......Respondent. Mr. Advait M. Sethna i/by Ms. Suchitra Kamble for the Appellant. None for the Respondent. CORAM : DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE : JUNE 27, 2011 P.C.: The Appeal was filed within the period of limitation on 24 August 2007. However, there is an order of the Prothonotary and Senior Master of 6 February 2009 for the removal of office objections. The conditional order of the Prothonotary and Senior Master was not complied with, as a result of which the Appeal has been dismissed for want of prosecution. Apart from the affidavit in support of the Motion, an additional affidavit has been filed by the Appellant 2 nma1095.11.sxw ssm explaining the delay in taking out the Motion. Having regard to the fact that the Appeal was basically filed within limitation and in view of the circumstances which are explained in the additional affidavit dated 24 June 2011, we are of the view that sufficient cause for restoration has been shown. An affidavit of service upon the Respondent has been filed. The Respondent has not entered any objection in these proceedings. In the circumstances, we make the Motion absolute in terms of prayer clauses (a) and (b). Time to remove all the office objections is extended until 25 July 2011 failing which the Appeal shall stand dismissed for want of prosecution without further 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.)