mgn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3546 OF 2006 IN CENTRAL EXCISE APPEAL NO.54 OF 2006 The Commissioner of Central Excise & Customs ...Appellant Vs. M/s.Shree Mahavir Metals Industries ........Respondents Mr. P.S. Jetly for the Appellant. None for the Respondents. CORAM : F.I. REBELLO & D.G. KARNIK, JJ. DATED : 15TH SEPTEMBER, 2009 P.C. The Appeal was dismissed on 14th June, 2006 for non-prosecution. The Motion was taken out on 29th September, 2006 for setting aside the order of dismissal. Considering the affidavit in support in our opinion the same would amount to sufficient cause. Consequently Motion made absolute in terms of prayer clauses (a) and (b). Appeal restored to file. Notice of Motion disposed off accordingly. (D.G. KARNIK,J.) (F.I. REBELLO,J.)