1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2025 OF 2010 IN CENTRAL EXCISE APPEAL (L) NO. 118 OF 2007. The Commissioner of Central Excise, Thane-I. ..Appellants. v/s. M/s. Rungta Sizing Works. ..Respondent. .... Mr. S.S. Pakale, a/w. Mr. S.D. Bhosale, for Appellants. Mr. H.G. Dharmadhikari, for Respondent. .... CORAM : V.C. DAGA & S.J. KATHAWALLA, JJ. DATE : 17TH AUGUST 2010. P.C. By an order dated 18th November 2009, this Court after hearing the Advocate for the Appellants, condoned the delay in filing the Appeal subject to payment of costs of Rs.3,000/- within a period of two weeks. The Appellants failed to comply with the order dated 18th November 2009 and seven months thereafter have made the present Application to extend the time for depositing the costs of Rs.3,000/-. 2. The Appellants were at all times aware that the Appeal filed by them in the year 2007 continued to be on lodging number since the same was filed beyond the period of limitation. After the delay was condoned on 18th November 2009, subject to payment of costs of Rs.3,000/-, the Appellants were required to 2 pay the costs on or before 2nd December 2009 and get the Appeal numbered in regular course and have the same placed for admission. Not a whisper is made in the affidavit in support of the present Notice of Motion as to why no steps, were taken by the Appellants after obtaining the order dated 18th November 2009 towards payment of costs and having the Appeal numbered. It is only mentioned in the affidavit in support of the Notice of Motion that search of papers and proceedings was taken on 23rd April 2010 by the Advocates who were appointed on 15th March 2010 and after receipt of the search report, the Appellant came to know of the order dated 18th November 2009. 3. In view thereof, no cause much less sufficient cause is made out on behalf of the Appellants for non-compliance of the order passed by this Court dated 18th November 2009. The Notice of Motion is therefore, dismissed. [ S.J. KATHAWALLA, J. ] [ V.C. DAGA, J. ]