1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2677 OF 2009 IN CUSTOMS APPEAL LODGING NO.8 OF 2007 Shantilal Jain .. Appellant versus Union of India & Anr. .. Respondents ... Mr. H.R. Shetty i/b H.R. Shetty & Co. for the appellant. Mr. R.V. Desai Sr. Advocate with Mr.Rohit Pardeshi for respondents CORAM : F. I. REBELLO AND D.G. KARNIK, JJ DATED : 13th August 2009 P.C:- 1. The appeal was dismissed on 3rd April 2007 for failure to remove office objections. This motion has been taken out for restoration of the appeal on the ground that office objections have since been removed. In the affidavit in support of the motion, it is set out that the necessary documents were not available as a previous consultant Mr.N.B. Sonawane expired on 2 30th January 2005. The petitioner submitted and approached the office of the Commissioner of Customs (Appeal) (Airport) who took time to make way of the documents. 2. Office objections were removed on 23rd February 2009. Though there is a considerable delay, in our opinion, considering the cause shown and the statement made by the counsel for the appellant to pay Rs.2,500/- to the High Court, Original Side Law Library, delay condoned. 3. If any further office objections to be removed, they should be removed not later than four weeks from today. On failure to remove, appeal to stand dismissed for non prosecution. (D.G. KARNIK, J) (F.I. REBELLO, J)