1 nma1392.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1392 OF 2010 IN APPEAL (LODGING) NO. 301 OF 2010 IN MISC. PETITION NO. 45 OF 2008 IN PETITION NO. 707 OF 2007 Bomi Pirojshaw Sachinwala ...Appellant. Vs. Dr. Cyrus Shapoor Badshan & Anr. ...Respondents. Mr. Anjal Amin i/by M/s. B. Amin & Co. for the Appellant. Mr. D.H. Mehta i/by Mr. Nandu Pawar for the Respondents. CORAM : P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 8th September, 2010 P.C.:- 1 Heard. 2 Though, the grounds mentioned in the affidavit in support of the Notice of Motion are not very satisfactory, as the Appellant has not obtained the certified copy immediately as and when it was ready, yet, in our view, with a view to see that the main controversy involved in the appeal can be decided on its own merits, we condone the delay in filing the above appeal 2 nma1392.10.sxw ssm by imposing costs quantified at Rs.10,000/- to be paid to the Respondent within a period of two weeks from today. 3 Subject to payment of costs, the Notice of Motion is made absolute in terms of prayer clause (a). (ANOOP V. MOHTA, J.) (P.B. MAJMUDAR, J.)