IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CIVIL CIVIL CIVIL APPLICATION NO. 891 of 2004. APPLICATION NO. 891 of 2004. APPLICATION NO. 891 of 2004. IN IN IN FIRST FIRST FIRST APPEAL ST.NO.5820 OF 2004. APPEAL ST.NO.5820 OF 2004. APPEAL ST.NO.5820 OF 2004. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Ms.Sonali i/by M/s.Kiran Jain & Co.for the Applicant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 18th January, 2007. : 18th January, 2007. : 18th January, 2007. P.C.: P.C.: P.C.: 1. Heard the Advocate for the Applicant. An affidavit of service has been filed by the Applicant. It is stated in the affidavit that the 1st, 3rd and 4th Respondents have been served by hand delivery and the acknowledgements signed by the said Respondents are annexed to the affidavit. It is further stated in the affidavit that the notice issued to the 2nd Respondent by speed post is returned unserved with postal remark on the packet that the 2nd Respondent has refused to accept the service. 2. None appears for the Respondents. In view of the averments made in paragraphs 2 to 4 of the application, sufficient cause is made out for condonation of delay. Rule is made absolute in terms of prayer clause (a). Judge. Judge. Judge.