1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 2831 OF 2008 IN APPEAL (L) NO. 389 OF 2008 IN NOTICE OF MOTION NO. 2644 OF 2006 IN SUIT NO. 2531 OF 1992 Maheshchandra Hiralal Dalal .. Appellant Vs Bankim Prabhatchandra Dalal and Ors .. Respondents Mr. Shekhar Jagtap i/b J. Shekhar & Co for the Appellant Sheetal Shah i/b Mehta & Girdharlal for Respondent No. 1 CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ DATE : 24th February, 2010 P.C.: 1. Appeal under lodging No. 389 of 2008 has been filed beyond time by 86 days and hence, this Motion for condonation of delay. 2. We have perused the affidavit in support of the Motion as well as the affidavit in reply filed on behalf of Respondent Nos. 5 and 6 opposing the Motion. 3. We are satisfied that the delay caused deserves to be condoned but with costs. 3.nma2831-08 2 4. Hence, the Motion is made absolute in terms of prayer clause (b) subject to payment of costs quantified at Rs. 2000/- to be remitted to the Prothonotary and Senior Master of this Court within two weeks. 5. List the Appeal for admission after two weeks. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 3.nma2831-08