IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1760 OF 2004. APPLICATION NO.1760 OF 2004. APPLICATION NO.1760 OF 2004. IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.33365 OF 2003. APPEAL (ST) NO.33365 OF 2003. APPEAL (ST) NO.33365 OF 2003. .................................................................. Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. .................................................................. Shri Datta Pawar for the applicant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 11th January, 2008. : 11th January, 2008. : 11th January, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the applicants. The office noting shows that respondent is served. None appears for the respondent. In view of the averments made in the application and annexures to the application which are unchallenged, a case for condonation of delay is made out. The case of the applicant is that he was not aware of the filing of suit by the first respondent as he was not served with the summons. There is no opposition to this application and there is no denial of the averments made in the application. 2. As averments made in the application have gone unchallenged, the same is allowed in terms of prayer clause (a). Appeal to be fixed for admission on the seventh day after it is registered. ... 2 ... JUDGE JUDGE JUDGE