1 40 caf.3373.11 ors ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION C.A. NO. 3373 OF 2011 in FA (st) NO. 29013 OF 2010, C.A. NO. 3374 OF 2011 in FA (st) NO. 29013 OF 2010, C.A. NO. 3376 OF 2011 in FA (st) NO. 29013 OF 2010, C.A. NO. 3377 OF 2011 in FA (st) NO. 29013 OF 2010, C.A. NO. 3378 OF 2011 in FA (st) NO. 29013 OF 2010 AND C.A. NO. 3379 OF 2011 in FA (st) NO. 29013 OF 2010. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms Sunanda Kumbhat for the Applicant. Mr. Avinash C. Birajdar h/f Mr.R.V.Bansole Respondent Nos.1 to 3. Mr. Chirag Nitish Shah, Respondent No.5­C, appearing in­person. CORAM : A.S.OKA, J. DATE : 14 th October, 2011. P.C. . Heard the learned counsel appearing for the Applicant. 2 The proposed legal representatives of Respondent No.5 have been served. Respondent No. 5­C appears in­person. He has filed an affidavit­in­ reply for himself and for other legal representatives. 2 40 caf.3373.11 ors The main contention raised in the reply appears to be that even Respondent No.5 was not served with the notice of the claim application. The reply does not deal with merits of these applications. 3 The contentions raised on merits of the appeal in the reply will have to be dealt with when an occasion arises for considering the first appeal on merits. 4 Hence, a case is made out for condonation of delay, for setting aside the order of abatement and for bringing the legal representatives of Respondent Nos. 5 on record. 5 Accordingly, the applications are allowed by setting aside the order of abatement as against Respondent No.5. Permission is granted to bring the legal representatives of Respondent No.5 on record. The amendment shall be carried out within a period of four weeks from today. If the amendment is carried out within the stipulated time, the application for condonation of delay shall be placed on board on appropriate date. [ A.S.OKA, J ]