vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3323 OF 2008 NOTICE OF MOTION NO.3323 OF 2008 NOTICE OF MOTION NO.3323 OF 2008 IN IN IN APPEAL (L) NO.500 OF 2008 APPEAL (L) NO.500 OF 2008 APPEAL (L) NO.500 OF 2008 IN IN IN CHAMBER SUMMONS NO.222 OF 2007 CHAMBER SUMMONS NO.222 OF 2007 CHAMBER SUMMONS NO.222 OF 2007 IN IN IN EXECUTION APPLICATION NO.228 OF 2006 EXECUTION APPLICATION NO.228 OF 2006 EXECUTION APPLICATION NO.228 OF 2006 IN IN IN SUMMARY SUIT NO.807 OF 2002 SUMMARY SUIT NO.807 OF 2002 SUMMARY SUIT NO.807 OF 2002 M/s.Vestolit GmbH & Co. KG ... Appellant V/s. Glomore Construction & Anr. ... Respondents Mr.A.S. Khandeparkar i/b Kedar Wagle for Appellant Mr.S.U. Kamdar i/b Chaturvedu & Associates for Respondent No.1 Mr.Z.A. Jariwala i/b Thakore Jariwala & Associates for Respondent No.2 CORAM: SWATANTER KUMAR, CJ & SWATANTER KUMAR, CJ & SWATANTER KUMAR, CJ & DR.D.Y. CHANDRACHUD, J DR.D.Y. CHANDRACHUD, J DR.D.Y. CHANDRACHUD, J. DATED: JANUARY 9, 2009 JANUARY 9, 2009 JANUARY 9, 2009 P.C.: P.C.: P.C.: . Admit, subject to the respondent filing an undertaking in the appeal within two weeks from today to make good the claim decreed in favour of the appellant in the event it finally fails. The order of status quo shall stand vacated in the event of default thereof. 2. Notice of Motion is disposed of accordingly. 3. Delay condonation application also stands disposed of. (CHIEF JUSTICE) : 2 : (DR.D.Y. CHANDRACHUD, J.)