1 nma463.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 463 OF 2010 IN APPEAL (LODGING) NO. 794 OF 2009 IN COMPANY PETITION NO. 378 OF 1993 Shri L.M. Devare ...Appellant. Vs. M/s. Bhagwandas Gupta & Ors. ...Respondents. Mr. Chetan Kapadia, a/w Ms. Sowjanya Menon with Mr. Jay Kansara i/by M/s. Vidhi Partners for the Appellant. Mr. S.K. Chari i/by M/s. M.V. Kini & Co. for Respondent No.2. CORAM : P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 8th September, 2010 P.C.:- 1 By way of this Notice of Motion, the Appellant has prayed for the condonation of delay in filing the present Appeal. The delay is inordinate as the period is of 9 years. The learned counsel appearing for the Appellant, pointed out that after the order passed by the learned Single Judge, the review petition being Review Petition No. 3 of 2000 was filed, which remained pending for considerable period. Then the Appeal No. 90 of 2005 was preferred before the Division Bench. The Division Bench came 2 nma463.10.sxw ssm to the conclusion that the remedy available to the Appellant herein, is to file an appeal and review petition is not the proper remedy and dismissed the appeal on the aforesaid ground on 5th March, 2009. After about 6 months, the Appellant has filed this Notice of Motion for condonation of delay. Though the Appellant has not taken steps for filing the Notice of Motion immediately after the Division Bench order, considering the issue involved in the appeal as also the fact that considerable time has elapsed in prosecuting the matter, delay in filing the appeal is condoned subject to the Appellant paying costs of Rs. 15,000/- to the Respondents. Such costs to be paid within a period of two weeks from today. Subject to the payment of costs as aforesaid, the delay in filing the appeal is condoned. 2 The Notice of Motion is allowed in the aforesaid terms. (ANOOP V. MOHTA, J.) (P.B. MAJMUDAR, J.)