1 nma2070.11.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2070 OF 2011 WITH CENTRAL EXCISE APPEAL (L) NO. 60 OF 2006 The Commissioner of Central Excise, Mumbai-V ...Appellant. Vs. M/s. Gan Pharmaceuticals Pvt. Ltd. ..Respondent. Ms. S.I. Shah for the Appellant. None for the Respondent. CORAM : DR. D.Y. CHANDRACHUD AND A.A. SAYED, JJ. DATE : 21 SEPTEMBER, 2011. P.C. 1. There is a delay of four years in taking out the Motion. There is no satisfactory explanation for the delay, save and except for a bald statement that there was a change in the panel Advocates of the Appellant. That does not constitute sufficient cause or justifiable reason to condone the delay. The Motion is accordingly dismissed. 2. In view of the dismissal of the Motion, the Appeal does not survive and is accordingly disposed of. ( A.A. SAYED, J. ) (DR. D.Y.CHANDRACHUD, J.)