rp a 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. 4598 OF 2007 OF MOTION NO. 4598 OF 2007 OF MOTION NO. 4598 OF 2007 IN IN IN APPEAL APPEAL APPEAL NO. 1197 OF 2001 NO. 1197 OF 2001 NO. 1197 OF 2001 IN IN IN WRIT WRIT WRIT PETITION NO. 1745 OF 1995 PETITION NO. 1745 OF 1995 PETITION NO. 1745 OF 1995 Vinod Bhagwan Waghela .. Appellant. V/s. The B.D.Petit Parsee General Hospital & Anr. .. Respondents. Mr.Piyush Shah for the Appellant. . Mr.Rammurthy with Devesh Juvekar i/b.Humranwala & Co. for Respondents. . CORAM CORAM CORAM : DR.S.RADHAKRISHNAN AND : DR.S.RADHAKRISHNAN AND : DR.S.RADHAKRISHNAN AND ANOOP ANOOP ANOOP V.MOHTA, JJ. V.MOHTA, JJ. V.MOHTA, JJ. DATE DATE DATE : 11th DECEMBER, 2007. : 11th DECEMBER, 2007. : 11th DECEMBER, 2007. P.C. P.C. P.C. :- :- :- . Heard the learned Counsel for the Appellant and the learned Counsel for the Respondents. Perused the order dated 13th September, 2007 passed in the above appeal. The Appellant has already given an undertaking to vacate the premises within the period of three months from the date of order i.e. on or before 13th December, 2007. Now this Notice of Motion is taken out : 2 : on 30th November, 2007 contending that the Appellant has two school going children and therefore he prayed for further extension of six months. We find the above Notice of Motion is totally without any bonafides. The Appellant was very much aware when the order was passed on 13th September, 2007 that he has two school going children and it cannot be that only on 30th November, 2007 he realised that he has two school going children. Under these circumstances, we are not inclined to extend the time as sought. The Notice of Motion stands dismissed. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)