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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.488 OF 2007 APPEAL NO.488 OF 2007 APPEAL NO.488 OF 2007 IN IN IN NOTICE OF MOTION NO.15 OF 2007 NOTICE OF MOTION NO.15 OF 2007 NOTICE OF MOTION NO.15 OF 2007 IN IN IN SUIT NO.67 OF 1997 SUIT NO.67 OF 1997 SUIT NO.67 OF 1997 IN IN IN T. PETITION NO.360 OF 1995 T. PETITION NO.360 OF 1995 T. PETITION NO.360 OF 1995 Shanta Tolat ..Appellant. V/s. Avijit Chatterjee ..Respondent. Mr.Cyrus Ardeshir with Ms.Deepali Thakar i/b. Rustamji & Ginwala for appellant. Mr.A.Y. Sanglikar for respondent. CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND CORAM : F.I.REBELLO AND J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. J.P.DEVADHAR, JJ. DATED : 24TH AUGUST, 2007. DATED : 24TH AUGUST, 2007. DATED : 24TH AUGUST, 2007. P.C. :- P.C. :- P.C. :- Heard the parties. Without going into the controversy as to whether an appeal would lie or not, in our opinion, the following sentence " the manner in which the notice of motion has been drafted, the manner in which affidavit in support of motion has been drafted and the manner in which the matter is argued show complete lack of homework " stands expunged. 2. In so far as the costs is concerned, in our opinion, the learned Judge was right in imposing the - = : 2 : = - costs. However, we reduce the costs from Rs.25,000/- to Rs.10,000/- to be paid within 2 weeks thereafter as condition precedent. 3. Appeal disposed of accordingly. (F.I.REBELL0, J.) (F.I.REBELL0, J.) (F.I.REBELL0, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.)