1 nma2262.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2262 OF 2010 IN APPEAL (L) NO. 502 OF 2010 IN SHORT CAUSE SUIT NO. 27 OF 1979 WITH SHORT CAUSE SUIT NO. 1268 OF 1979 Pankaj N. Patel & Anr. ....Appellants. Vs. Dastan Pvt. Ltd. & Ors. ....Respondents. Mr. Zubin Behramkamdin with Ms. Swati Bodhanwala i/by M/s. FZB and Associates for the Appellants. Mr. Shankar V. Mhatre i/by M/s. Pandya Gandhi & Co. for Respondent Nos. 1, 13,14 and 15. Ms. R.C. Nichani with Ms. Neelam Asrani i/by M/s. Mahesh Shah & Co. for Respondent Nos. 2, 3, 17 to 21. CORAM : DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ. DATE : NOVEMBER 29, 2010 P.C.: The Appellants were not a party to Short Cause Suit Nos. 27 of 1979 and 1268 of 1979 which were heard and in which a decree was passed on 3 November 2009. On 28 October 2010, leave was granted 2 nma2262.10.sxw ssm by a Division Bench to the Applicants to file an Appeal. The delay that has occurred has been satisfactorily explained. It has been stated in paragraph 12 of the affidavit in support of the Motion that a praecipe was taken out before the learned Single Judge on 25 March, 2010 for clarification and on 16 April, 2010, orders were passed by the learned Single Judge. In the interests of justice, the delay should be condoned though subject to an order of costs. The Notice of motion is made absolute in terms of prayer clause (a) subject to the payment of costs quantified at Rs.3000/- to be paid to Respondent No.2 within a period of 2 weeks from today. Subject to this, the Motion is made absolute in terms of prayer clause (a). 2 The Appeal shall be placed for admission on 20 December, 2010. (ANOOP V. MOHTA, J.) (DR. D.Y. CHANDRACHUD, J.)