ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 30 OF 2008 OF MOTION NO. 30 OF 2008 OF MOTION NO. 30 OF 2008 IN IN IN APPEAL APPEAL APPEAL (LODGING) NO.936 OF 2007 (LODGING) NO.936 OF 2007 (LODGING) NO.936 OF 2007 IN IN IN WRIT WRIT WRIT PETITION NO. 546 OF 2007 PETITION NO. 546 OF 2007 PETITION NO. 546 OF 2007 Shivdhari Kalu Singh ...Appellant. (Orig.Petitioner) Versus Ruby Mills Ltd. ...Respondent. (Orig.Respondent) Mr.N.M.Ganguli for the Appellant. Mr.Mahendra Agavekar i/by Rajesh Gehani for the Respondent. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 19TH SEPTEMBER, 2008 : 19TH SEPTEMBER, 2008 : 19TH SEPTEMBER, 2008 P.C. P.C. P.C. . Heard the learned counsel appearing for both the parties. 2. This is a Notice of Motion, filed for condonation of delay of 224 days in filing the Appeal. The Respondent though served, have not filed the reply to the Motion. Therefore, on the basis of rule of non-traverse, the reasons given for condonation of ( 2 ) delay are deemed to be accepted by the Respondent and therefore, for the reasons stated in the affidavit in support of Notice of Motion, the delay of 224 days is condoned. Office is directed to number the Appeal and process it for admission. 3. The Notice of Motion is disposed of, in above terms. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)