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TMI Blog2019 (6) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... plicant/appellant. Mr. Jas Sanghvi i/b. PDS Legal for the respondent No.1. Mr. Mihir Mekal i/b. ALMT Legal for the respondent No.2. P.C.: Heard the learned counsel appearing for the applicant, the learned counsel appearing for the respondent No.1 and the learned counsel appearing for the respondent No.2. The learned counsel appearing for the applicant states that a notice has been serve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order passed by the Prothonotary and Senior Master and for restoration of the appeal. Subsequently, Notice of Motion (Ldg.) No.2392/2017 was filed by the applicant. A conditional order was passed on 21st December 2017 by the Prothonotary and Senior Master which reads thus: P.C.: The Applicant and/or their Advocate to remove office objections on the Notice of Motion and get the same numbered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dditional affidavit of Shri Vaibhav Kiran Pagare, Joint Commissioner of Customs filed by the applicant in which he has explained why there was a delay of 2,386 days. Such a long delay is mentioned in the notice of motion as the delay is not calculated from the expiry of the time mentioned in the order dated 24th August 2018 passed in Notice of Motion No.147/2018 but the delay is computed from the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s no control over the Registry when it come to assigning final number to the matter after removal of office objections. A conditional order cannot expect the party to do something which is not within its control. A conditional order can be always passed granting conditional time to remove office objections. However, onus of getting the matter numbered and registered cannot be put to a party. That ..... X X X X Extracts X X X X X X X X Extracts X X X X
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