IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3496 OF 2007 IN APPEAL (L) NO.730 OF 2007 IN NOTICE OF MOTION NO.2507 OF 2007 IN SUIT NO.1849 OF 2007 Tejpal Shah ..... Appellant V/s. Sohail Maklai & Ors. ..... Respondents Mr.Z.A.Jariwala a/w Mr.Pankaj Kode i/b Thakore Jariwala & Associates, for the Appellant. Mr.J.K.Mistry i/b V.V.Khemka, for the Respondent Nos.1 & 2. CORAM : R.M.S.KHANDEPARKAR & P.B.MAJMUDAR, JJ. DATED : JUNE 19, 2008. P.C. 1. Heard the learned Advocates for the appellant and respondent Nos.1 & 2. 2. None present for the remaining respondents, though served in terms of the affidavit of service filed by the appellant. Considering the fact disclosed in the affidavit in support of notice of motion, the delay of 10 days 2 in filing the appeal, sufficient cause being shown, is hereby condoned and the notice of motion is made absolute in terms of prayer clause (a). The appeal on being registered to be listed for hearing on admission on 02-07- 2008. 3. The learned Advocate for the appellant has placed on record xerox copy of the affidavit of service, which apparently disclosed that the original affidavit having been received by the Court Associate Mr.Gurav on 16-06-2008. However, original affidavit has not been placed on record. The registry is directed to place original affidavit on record before this Court's order is being placed for signatures of the Judges. ( P.B.MAJMUDAR, J.) ( R.M.S.KHANDEPARKAR, J.)