1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION NO. 739 OF 2009 IN COMPANY APPEAL (L) NO.22 OF 2008 IN COMPANY PETITION NO.78 OF 2006 Suruchi Chand & Ors. ..Petitioners. V/s. M/s. Mahalaxmi Glass Works & Ors. ..Respondents. WITH COMPANY APPLICATION NO. 740 OF 2009 IN COMPANY APPEAL (L) NO.23 OF 2008 IN COMPANY PETITION NO.85 OF 2006 Suruchi Chand & Ors. ..Petitioners. V/s. M/s. Western India Glass Works Ltd. & Ors. ..Respondents. Mr.J.B.Mishra & M.S.Bhardwaj i/b. MSB Legal for applicant. Mr.C.J.Joy a/w R.C.Mishra i/b. S.K.Mohapatra for RD. CORAM:- A.M.KHANWILKAR, J DATED :- JULY 16, 2009. 2 P.C. 1. Heard Counsel for the parties. 2. Although this Application is opposed on the ground that delay of 237 days is inordinate delay, the same deserves to be condoned in the fact situation of the present case. It is noticed that against the common order passed by the Board on 18th October, 2007, the Appellant filed common appeal before the Andhra Pradesh High Court on 28th December, 2007, which was well within time. However, in view of the objection regarding jurisdiction raised in relation to the said Appeals, the Appellants were advised to withdraw the said appeals in part and to pursue the remedy of appeals before this Court. Significantly, the Andhra Pradesh High Court was pleased to grant the said liberty in terms of orders dated 15th July, 2008 after recording no objection of the Counsel appearing for the Respondents. Having given no objection to the withdrawal of the Appeals before the Andhra Pradesh High Court on 28th December, 2007 and presentation of fresh Appeals before this Court, it is not open to the Respondents now to contend to the contrary. In any case, in the interest of justice, delay of 237 days will have to be condoned in the fact situation of the present case. 3 Hence, both these Applications are allowed. 3. The Office is ordered to register the Appeals and place for admission on 29th July, 2009. Parties are free to exchange pleadings in the mean time, if any. (A.M.KHANWILKAR, J)