1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.302 OF 2009 IN APPEAL (LODG) NO.225 OF 2008 IN NOTICE OF MOTION NO.4127 OF 2005 IN SUMMARY SUIT NO.1558 OF 2003 Vijay Bhatia, Proprietor of M/s.Suchi Enterprises. ...Appellant vs. Indus Video (P) Ltd. and another. ...Respondents --- Mr.P.V.Dhopatkar, for Appellant. --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 2nd April,2009. 2 P.C.:- 1. This is a notice of motion taken out by the appellant for condonation of delay in filing appeal. But the appeal under Clause 15 of Letters Patent has been filed against the order passed by the learned Single Judge of this Court which declined to permit the plaintiff to withdraw the amount which has been deposited by the defendants as a condition for grant of leave to defend. This order will not amount to a judgment within the meaning of Clause 15 of the Letters Patent. As the appeal itself is not maintainable, there is no question of condonation of delay. Notice of motion is disposed of. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) ---