1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4389 OF 2008 IN APPEAL(L)NO.743 OF 2008 IN NOTICE OF MOTION NO.2221 OF 1999 IN SUIT NO.1327 OF 1997 Mrs. Ruksana Suleman Chamadia ..Appellant V/s. Mr. Narendra Ramesh Sharma ..Respondent Mr.R.S.Subramanium a/w. Mr.J.A.Udaypuri with Mr.Anial Amin, Advocate, for the appellant Mr.Shailesh Shah a/w. Mr. Sanjay Jain with Mr.T.N.Tripathi i/b. T.N.Tripathi & Co., Advocate, for the respondent CORAM : P. B. MAJMUDAR R.M.SAVANT, JJ. DATE : 10TH JUNE, 2009 P.C. . The appellant has filed an Affidavit bearing today's date stating that with a view to file Review Petition in connection with the impugned order she may be permitted to withdraw the Notice of Motion. This Notice of Motion is preferred for 2 condonation of delay of about seven years and nine months in preferring the Appeal against the Order of the learned Single Judge of this Court in Notice of Motion No.2221 of 1999 in Suit No.1327 of 1997. The learned Single Judge decided the said Notice of Motion by Order dated 28th March, 2001, and the above Appeal challenging the said order has been preferred after about more than seven years. 2. We have heard the said Notice of Motion for condonation of delay for some time and prima facie we are not satisfied regarding the grounds given for condonation of delay. However the learned counsel for the appellant submitted that the appellant is desirous of filing a Review Petition before the learned Single Judge in connection with the impugned order and he further submitted that in that view of the matter, he seeks to withdraw the Notice of Motion. The learned counsel for the appellant further states that he has taken instructions from his client, who is present in the 3 Court today and also filed her Affidavit which is on record. In view of the said statement, the Notice of Motion is dismissed as withdrawn as the appellant wants to prefer a Review Petition. It is clarified that we have not expressed our views in any manner on the merits of the Appeal or other issue involved in the Notice of Motion save and except our prima facie observation about the appellant's case for condonation of delay. Accordingly, the Notice of Motion No.4389 of 2008 as well as Appeal(L)No.743 of 2008 stand disposed of. ( R.M.SAVANT. J.) ( P. B. MAJMUDAR, J.)