-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion no. 257 of 2008 in Appeal Log. no. 28 of 2008 in Summon for Judgment no. 735 of 2004 in Summary suit no. 1964 of 2004 1. M/s. Shah and Modi Developers & ors: Appellants v/s Kalpana Yagnik : Respondent Mr. T.G. Vora i/b V.L. Panjuani for Appellant Bharat Zaveri for respondent Coram : Smt.Ranjana Desai S.J. Kathawalla, JJ. Date : 21.10.2008 P.C. . Heard learned counsel for the parties. . There is 102 days delay in filing the appeal. . For the reasons stated in the affidavit in support of the notice of motion delay is condoned on the condition that appellant pays costs quantified at Rs. 5000/-to the respondent. If costs are not paid the office shall not number the appeal. Costs shall be paid within a period of four weeks from today. . Motion is disposed of. (S.J. Kathawalla,J.) (Ranjana Desai, J.)