1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CUSTOMS APPEAL NO.30 OF 2008 The Commissioner of Customs (General)....Appellant. vs. M/s.International Express Company. ...Respondent. --- Mr.R.V.Desai with A.D.Kango, for Appellant. Mr.S.N.Kantawala with Brijesh Pathak & Vinod Kothari i/b. Apex Law Partners, for Respondent. CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED: 16TH July, 2008. P.C.:- 1. Heard the learned Counsel appearing for both the sides. One of the grounds on which the order of suspension has been set aside is inordinate delay in ordering suspension. The incident is of 2 February,2005. The suspension order is of December,2006. The learned Counsel appearing for appellant submits that the delay occurred because the respondent was seeking personal hearing. Therefore, we asked the learned Counsel to tell us on what date the show cause notice was issued to the respondent. The learned Counsel unable to tell us the date. It appears that the show cause notice was issued to some other party and that party was seeking personal hearing. In our opinion, in the absence of full facts being placed, it is not possible to interfere. Hence, the appeal is rejected. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.) ---