1 nma1652.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1652 OF 2011 IN CUSTOMS APPEAL (LODGING) NO. 35 OF 2008 The Commissioner Customs (Prev.) .....Appellant. Vs. M/s. Girkar Brothers. ......Respondents. Mr. Jitendra B. Mishra for the Appellant. Mr. H.R. Shetty for the Respondents. CORAM : DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE : JUNE 21, 2011 P.C.: There is a delay of 232 days in taking out the Motion for restoration of the Appeal which stands dismissed for non compliance with a conditional order passed by the Prothonotary and Senior Master for removal of office objections. We condone the delay in the interests of justice subject to the payment of costs quantified at `2500/- which shall be paid to the Respondents within a period of two weeks from today. The payment of costs shall be a condition precedent. Subject to this, the Motion is made absolute in terms of prayer clauses (a) and (b). (ANOOP V. MOHTA, J.) (DR. D.Y. CHANDRACHUD, J.)