IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.1803 OF 2008 OF MOTION NO.1803 OF 2008 OF MOTION NO.1803 OF 2008 IN IN IN APPEAL APPEAL APPEAL (L) NO.212 OF 2008 (L) NO.212 OF 2008 (L) NO.212 OF 2008 IN IN IN COMPANY COMPANY COMPANY APPLICATION NO.1032 OF 2007 APPLICATION NO.1032 OF 2007 APPLICATION NO.1032 OF 2007 IN IN IN COMPANY COMPANY COMPANY PETITION NO.457 OF 1997 PETITION NO.457 OF 1997 PETITION NO.457 OF 1997 Shri Prakash M. Pai ..Appellant V/s. M/s. Lachhmidhar Kanshiram & Ors. ..Respondents ....... Mr. P. Jain with Mr. Amar Shilwant i/by M/s. P.D. Jain & Co. for Appellant Mr. Mitesh Naik i/by M/s Umesh Shetty & Co. for Respondent Nos.12 and 13. ....... CORAM CORAM CORAM : SMT RANJANA DESAI & : SMT RANJANA DESAI & : SMT RANJANA DESAI & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE :26TH NOVEMBER, 2008 :26TH NOVEMBER, 2008 :26TH NOVEMBER, 2008 Mentioned Mentioned Mentioned - Not on Board - Not on Board - Not on Board P.C.: 1. This notice of motion is taken out by the appellant praying for condonation of 56 days delay in filing the appeal. Learned Counsel for the appellant states that appellant has served respondent Nos.5,6,11,16 and 19 by paper publication and the remaining by hand-delivery. Learned Counsel for : 2 : respondent Nos.12 and 13 is present. However, the other respondents are not represented. Affidavit of service is filed by one Sachin Nakate, Clerk of the advocate of the appellant. 2. In the circumstances, for the reasons stated in affidavit in support of the notice of motion, delay is condoned. Notice of motion is disposed of. JUDGE JUDGE JUDGE JUDGE JUDGE JUDGE