1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.854 OF 2009 IN APPEAL (L) NO.132 OF 2009 IN SUMMONS FOR JUDGMENT NO.434 OF 2007 IN SUMMARY SUIT NO.2917 OF 2006 Kena Dairy Products Pvt. Ltd. .... Appellant V/s. M/s.Shree Plastomech ..... Respondent Mr.Dipen Furia i/by Niranjan & Co., for the appellant. Mr.Ramesh Jain, for the respondent. CORAM :P.B.MAJMUDAR & R.C.CHAVAN, JJ. DATE : NOVEMBER 11, 2009 P.C. 1. Heard the learned Advocates appearing in the matter. 2. Considering the facts and circumstances of the case, delay in filing the appeal is condoned. However, appellant is directed to pay costs of Rs.3,000/- to the respondent. Such costs should be paid within a period of two weeks from today. 3. Notice of motion is made absolute in terms of prayer clause (a) and stands disposed of accordingly. ( R.C.CHAVAN, J. ) ( P.B.MAJMUDAR, J.)