bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3074 OF 2009 IN CUSTOMS APPEAL (L) NO.60 OF 2005 Achharu Ram Gupta & Ors. ..Appellants Vs. Commissioner of Customs & Anr. ..Respondents Mr.D.B.Shroff with Mr.Ashok Singh for appellants. Mr.A.S.Rao for respondents. CORAM :- V.C.DAGA & K.K.TATED,JJ. DATE : 8TH FEBRUARY,2010 P.C. Heard. Perused petition. 2. Admittedly, there is a delay in filing an appeal. However, it appears that after the receipt of order of the Tribunal dated 5th November, 2003, a Miscellaneous Application for rectification was filed on 16th January, 2004. The said application appears to have been decided on 1st July, 2005 and thereafter, the present appeal appears to have been filed on 16th December, 2005. Pendency of the Miscellaneous Application could not have been a cause for non filing of appeal before this Court. However, it appears that the appellant was under a bonafide belief that he may get relief in the Miscellaneous Application as such he did not file appeal. 3. Be that as it may, considering the huge stake involved in the appeal and looking to the consensus between the parties, delay is condoned in filing the appeal, subject to deposit of costs of Rs.20,000/- with this Court for being paid to the Union of India. On deposit, Union of India shall be free to withdraw the same. Notice of Motion is made absolute accordingly. No order as to costs. (K.K.TATED,J.) (V.C.DAGA,J.)