IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION 2390/2010 IN CEX.APPEAL NO.42/2008 The Commissioner of Customs (Airport)Mumbai APPLICANT VS. Diambel N.V. RESPONDENT Mr.A.S.Rao for Appellant Ms.Gaurangi Pujare i/b Little & Co. CORAM- J.P.DEVADHAR ,AND MRS.MRIDULA BHATKAR,JJ. DATE - 20TH JANUARY,2011. P.C. . This appeal was admitted on 20th August, 2008. The appeal was dismissed for non prosecution on 27th July,2010 as none appeared for the appellant . 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’ subject to the payment of costs of Rs.5,000/- to be paid to the respondent within a period of one week from today. Notice of Motion is disposed of. (MRS.MRIDULA BHATKAR,J.) (J.P.DEVADHAR,J.)