ssm sm sm 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. 3135 OF OF MOTION NO. 3135 OF OF MOTION NO. 3135 OF 2007 2007 2007 IN IN IN APPEAL APPEAL APPEAL (L) NO. 527 OF 2007 (L) NO. 527 OF 2007 (L) NO. 527 OF 2007 IN IN IN SUIT SUIT SUIT NO.3595 OF 1996 NO.3595 OF 1996 NO.3595 OF 1996 Indec Equipment Private Ltd. ...Appellant. Vs. M/s. Saraf Enterprises. ...Respondent. Mr. Sudhan Amare for the Appellant. Mr. S.M.Kazi for the Respondent. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATED DATED DATED : 16TH JANUARY, 2008 : 16TH JANUARY, 2008 : 16TH JANUARY, 2008 P.C. P.C. P.C. . Heard the learned counsel for the Appellant and the learned counsel for the Respondents. By this Notice of Motion the Appellant is seeking condonation of 94 days delay in filing the above appeal. Perused the Notice of Motion and affidavit in support thereof. For the reasons stated therein sufficient cause is made out for condoning the delay in filing the above appeal. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). ( 2 ) 2. The learned counsel for the Respondent categorically states that the Respondent will not proceed further with regard to the execution of the decree. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)