1 nma1651.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1651 OF 2011 IN CUSTOMS APPEAL (LODGING) NO. 37 OF 2008 The Commissioner Customs (Prev.) .....Appellant. Vs. M/s. Gita Rohitbai Desai. ......Respondent. Mr. Jitendra B. Mishra for the Appellant. None for the Respondent. CORAM : DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE : JUNE 21, 2011 P.C.: There is a delay of 826 days in taking out the Motion for restoration of the Customs Appeal. Besides stating that prior to 15 October, 2008, when the Customs Department formed its own panel, the Ministry of Law and Justice was looking after the litigation of the Customs Department, no plausible reason for the delay has been indicated. No cause, much less sufficient cause, has 2 nma1651.11.sxw ssm been shown. The Notice of Motion is accordingly dismissed. 2 In view of the dismissal of the Motion, the Appeal does not survive and is disposed of accordingly. (ANOOP V. MOHTA, J.) (DR. D.Y. CHANDRACHUD, J.)