1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION-3017/2010 IN CEXA 74/2004 The Commissioner of Central Excise,Thane -I APPLICANT VS. M/s Clariant (I)Ltd. RESPONDENT Mr.A.S.Rao a/w Ms.Suchitra Kamble for applicant/appellant Mr.Jas Sanghvi i/b PDS Legal for Respondent CORAM- J.P.DEVADHAR ,AND MRS.MRIDULA BHATKAR,JJ. DATE -20TH JANUARY,2011. P.C. . By this Notice of Motion the appellant seeks condonation of delay in taking out the Notice of Motion and also seeks recalling of order dated 28/6/2010 by which the appeal was dismissed as none appeared on behalf of the appellant on that day. 2 It may be noted that the above appeal was also dismissed on the earlier occasion on 18/11/2009 when none appeared for the appellant . On a Motion taken out by the 2 appellant the appeal was restored by order dated 8/6/2010 subject to the payment of cost of Rs.1,000/- .Even after restoration the appellant once again remained absent on 28/6/2010 and therefore the appeal was dismissed. 3 Though the explanation given in the affidavit is not convincing, in the interest of justice, the Notice of Motion is made absolute in terms of prayer clause ‘a and b’ subject to the payment of cost of Rs.5,000/- to be paid to the respondent within one week from today. Notice of Motion disposed of. (MRS.MRIDULA BHATKAR,J.) (J.P.DEVADHAR,J.)