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. 251 OF 2008 OF MOTION NO. 251 OF 2008 OF MOTION NO. 251 OF 2008 IN IN IN APPEAL APPEAL APPEAL (LODGING) NO.29 OF 2008 (LODGING) NO.29 OF 2008 (LODGING) NO.29 OF 2008 IN IN IN SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO.740 OF 2004 FOR JUDGMENT NO.740 OF 2004 FOR JUDGMENT NO.740 OF 2004 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.1965 OF 2004 SUIT NO.1965 OF 2004 SUIT NO.1965 OF 2004 M/s.Shah & Modi Developers & Ors. ...Appellants. (Orig.Deft.) Versus Urvee H.Pandya ...Respondent. (Orig.Plaintiff) Mr.T.G.Vora i/by Mr.V.L.Panjwani for the Appellants. Mr.Bharat Zaveri for 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 the respective parties. 2. According to the Applicant, the delay of 102 days has occurred in filing the Appeal. Due to the financial crisis and family problems, the Appeal could not be preferred. The learned counsel appearing for the Respondent vehemently tried to oppose the matter. Though we are not satisfied with ( 2 ) the grounds of condonation of delay, in the interest of justice and to give one fair opportunity to the Appellant, we are inclined to condone the delay. 3. Under these circumstances, the delay of 102 days is condoned subject to the payment of costs of Rs.5,000/- (Rupees five thousand only) to be paid to the Respondent within 15 days. If the costs is not paid the matter stands rejected. 4. The Notice of Motion is disposed of accordingly. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)