1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4264 OF 2008 IN APPEAL (L) NO.486 OF 2008 IN CHAMBER SUMMONS NO.589 OF 2008 ALONGWITH COURT RECEIVER S REPORT NO.1 OF 2008 ’ IN SUIT NO.3406 OF 1999 Modern India Property Developers Ltd. .. Appellants Vs. ICICI Ltd. and Ors. .. Respondents Mr.V.R. Dhond i/b Mr.T.N. Tripathi and Co. for the appellant Mr.J.S. Saluja, A.G.P. for the State Mr.Kedar Dighe for the Official Liquidator Mr.Sachin Chandran with Mr.Swayam Chopde i/b M/s.M.K.Ambalal and Co. for the respondent no.1 Mr.Mayuresh Borkar i/b M/s.DSK Legal for respondent no.7 Mr.P.Ramarao, Official Liquidator present CORAM : J. N. PATEL & SMT. R.P. SONDURBALDOTA, JJ DATE : 11TH SEPTEMBER, 2009 2 P.C. : 1. Not on board. Mentioned. 2. This notice of motion is taken out for condonation of delay in filing the appeal. The delay is of 17 days. It appears that while admitting the appeal of the other purchaser, the court has also admitted the appeal filed by M/s.Modern India Property Developers Ltd. by order dt.8.4.09. In this fact situation, it will have to be construed that the court has condoned the delay. Therefore, office is directed to record the disposal of the notice of motion and register the appeal. ( J. N. PATEL, J) (SMT. R.P. SONDURBALDOTA, J.)