S. P. Cotton Mills v. The Commissioner Of Central Exsice Mumbai-I And ANR

18-NMA.789.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 789 OF 2016 IN NOTICE OF MOTION NO. 473 OF 2015 IN REVIEW PETITION (L) NO. 51 OF 2014 IN CENTRAL EXCISE APPEAL NO. 226 OF 2013 S. P. Cotton Mills } Appellant versus The Commissioner of Central } Excise, Mumbai - I and Anr.

} Respondents Mr. H. R. Shetty i/b. M/s. H. R. Shetty and Associates for the applicant/appellant.

Mr. Swapnil Bangur with Ms. Ruju R.

Thakkar for the respondents.

CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATED :- SEPTEMBER 26, 2016 P.C. :- 1.

At the request of Mr. Shetty and after hearing him and Mr.Bangur, we allow this notice of motion (NMA/789/2016). It is made absolute in terms of prayer clauses (a) and (b). 2.

With the consent of both sides, we restore Notice of Motion No. 473 of 2015 to the file of this court, which is moved for condoning the delay in filing the review petition. We have taken J.V.Salunke,PA

18-NMA.789.2016.doc it on today's board. We have heard both sides and perused the affidavit in support. We find that the reasons recorded therein constitute sufficient cause for the delay in filing the review petition. We allow this notice of motion. The delay in filing the review petition is condoned. No costs.

3.

The review petition be listed on 10th October, 2016. (B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA