:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1590 OF 2008 IN CENTRAL EXCISE APPEAL (LODGING) NO. 98 OF 2008 M/s. Chicago Pneumatics India Ltd. (Presently known as Atlas Copco India Ltd.) ..Appellant Vs. The Customs, Excise and Service Tax, Appellate Tribunal and anr. ..Respondents Mr. Hormaz Daruwalla a/w Mr. Rahul Jain i/by M/s.Chitnis & Co. for appellant. CORAM: B.H. MARLAPALLE & J. H. BHATIA,JJ. CORAM: B.H. MARLAPALLE & J. H. BHATIA,JJ. CORAM: B.H. MARLAPALLE & J. H. BHATIA,JJ. Dated: June 19, 2008. Dated: June 19, 2008. Dated: June 19, 2008. P.C.: P.C.: P.C.: 1. Heard the learned counsel for the appellant-company. Assessee has filed an appeal under Section 35-G of the Central Excise Act, 1994 but belatedly and, therefore, this Motion has been taken out for condonation of delay and duly supported by an affidavit of Shri Mandar Pendse. 2. The learned counsel for the Assessee further submitted that a notice has already been served on the :2: revenue and in any case the appeal has been filed beyond time only by five days. 3. Hence, the Notice of Motion is allowed in terms of prayer clause (a). 4. Appeal be listed before the regular bench as and when circulated. (J.H. Bhatia, J.) (J.H. Bhatia, J.) (J.H. Bhatia, J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)