1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 563 OF 2009 IN APPEAL (L) NO. 47 OF 2009 IN W.P.NO. 1007 OF 1999 M/s. Dave Brothers ..Appellant Vs. Shri. Balu Sitaram Korde ..Respondent .... Mr. Arshad Sheikh i/by Ghanshyam K.Tripathi for Appellant Mr. N.M.Ganguli for Respondent No.1 .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 9th MARCH, 2010 P.C.: 1 Heard. Appeal under Lodging No. 47 of 2009 has been filed belatedly and hence, this Motion for condonation of delay of 169 days. 2 We have perused the affidavit in support of the Motion. As directed by us, the amount under recovery has already been deposited by the applicant with the Prothonotary and Sr. Master. We are satisfied 2 that the delay caused in filing the appeal deserves to be condoned. 3 Hence, the Motion is made absolute in terms of prayer clause (a). 4 List the appeal for admission on 22nd March, 2010. [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]