1 nms2236.11.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2236 OF 2011 WITH CENTRAL EXCISE APPEAL (L) NO. 46 OF 2008 The Commissioner of Central Excise, Mumbai-II ...Appellant. Vs. M/s Choksi Enterprise, Mumbai ..Respondent. Mr. Jitendra B. Mishra for the Appellant. None for the Respondent. CORAM : DR. D.Y. CHANDRACHUD AND A.A. SAYED, JJ. DATE : 21 SEPTEMBER, 2011. P.C. 1. The delay of 824 days in taking out the Motion has not been satisfactorily explained, save and except for a bald statement that there was a change in the panel of Advocates. There is no satisfactory explanation. There is no merit in the Motion, which is accordingly dismissed. 2. In view of the dismissal of the Motion, the Appeal does not survive and is accordingly disposed of. ( A.A. SAYED, J. ) (DR. D.Y.CHANDRACHUD, J.)