1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION APPEAL LODGING NO. 561 OF 2008 IN NOTICE OF MOTION NO. 4550 OF 2006 IN SUIT NO. 1520 OF 1995 Omega Ag-Seeds (India) Ltd. .. Appellant Vs. Punjab and Sind Bank .. Respondent Mr. N.M. Parekh i/by Sreeji & Lal for appellant. Mr. Sujeet Kurup i/by Legal Associates for respondent. Shri Jagdish Chander – Senior Manager of respondent-Bank is present on notice. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. March 02, 2010. P.C. 1. We have perused the affidavit-in-reply filed by Shri Jagdish Chander, Senior Manager of the respondent-Bank. He has tendered an unconditional apology for the lapses and failures to take timely action 2 despite the undertakings furnished before this court. It has been further stated that timely instructions were given to the empaneled advocates either before the trial court or before the Appellate Court. Copies of the written communications have also been annexed to the affidavit. Shri Chander has assured that henceforth there would not be any occasion for such lapses or breach of any undertaking furnished before the courts so as to take timely steps to protect the interests of the Bank as well as to defend or prosecute the court proceedings. Shri Chander is personally present before us and he has tendered his apology. It has been also pointed out that the Bank is in the process of changing the empaneled advocates so that the court matters are attended to on priority and without any delay. 2. The apology as well as the undertaking is accepted and the show cause notice is discharged. (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE, J.)