1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 1005 OF 2009 IN APPEAL (L) NO. 136 OF 2009 IN NOTICE OF MOTION NO. 1501 OF 2008 IN SUIT NO. 1144 OF 2008 ICICI Bank Ltd and Another .. Appellants Vs Nilesh Rajbhar .. Respondent Mr. Vishwanath Mannadiar i/b Mannadiar & Co for the Appellants Mr. Rahul Pandey i/b Pandey & Co for the Respondent CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. DATE : 17th February, 2010 P.C.: 1. Heard Mr. Mannadiar, the learned counsel for the Applicants. Appeal under lodging No. 136 of 2009 has been filed belatedly and therefore, this Notice of Motion for condonation of delay. 2. In Suit No. 1144 of 2008 filed by the present Respondent, Notice of Motion No. 1501 of 2008 was taken out for temporary injunction and on 14.07.2008, while granting ad-interim relief in terms of prayer clauses (a) and (b), notice was directed to be issued to the 4a.nma1005-09 2 Defendants – present Appellants. On 05.08.2008, none appears for the Defendants though they have been duly served. Consequently, the Motion was made absolute in terms of ad-interim order. It is, under these circumstances, the Appeal has been filed belatedly. 3. We have perused the affidavit in support of the Motion as well as the affidavit in reply filed by the Plaintiff opposing the Motion. We are, satisfied that the delay of 161 days caused in filing the Appeal deserves to be condoned but with costs. 4. Hence, the Notice of Motion is made absolute in terms of prayer clause (a) subject to payment of costs quantified at Rs. 2000/- and to be deposited with the Prothonotary and Senior Master of this Court within two weeks. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 4a.nma1005-09 3 4a.nma1005-09