1 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1009 OF 2008 IN APPEAL NO.1149 OF 1999 IN SUMMONS FOR JUDGMENT NO.409 OF 2007 IN SUMMARY SUIT NO.216 OF 1997 Vijay Bank .. Appellants Versus Reliance Industries Ltd. .. Respondents Mr. Vijay Thorat Senior Counsel a/w Ms. Prachi Sugdare and Ms. Pooja Thorat i/b M.V.Kini & Co. for Appellants Shri Snehal Shah a/w Ms. Aakanksha Thakkar i/b Purnanand & Co. for Respondents CORAM : B.H. MARLAPALLE & SMT. V. K. TAHILRAMANI, JJ. DATE : 11 th March, 2010 P.C.: 1. Heard. 2. Appeal No.1149 of 2008 came to be dismissed in default on 24 th June 2004 and, therefore, this Notice of Motion for its restoration, 2 by condoning the delay in taking out the Notice of Motion. 3. We have perused the Affidavit in support of the Notice of Motion. The Respondent has filed reply and opposed this Application. 4. Affidavit filed by Shri Dinakar Shetty states that the Appellant bank had engaged M/s. ARA Law as their advocates and part appeal was admitted on 17 th November, 1998, the said Advocates did not inform about any further orders and it was only on or about 18 th December, 2007, they got the knowledge of the order dated 24 th June 2004. The Deputy General Manage sought the assistance of M/s. M.V.Kini and Company and obtained copies of the earlier orders passed. It is in these circumstances, the Notice of Motion was taken out on 14 th February 2008. The delay caused is more than three years and seven months. We have perused the Affidavit filed by Shri V.K.Chandran on behalf of the Respondent Company and heard the arguments of its learned Counsel who has relied upon the Judgment of this Court in the case of Shri Nivruti G. Ahire Vs. State of Maharashtra 2007 (4) ALL MR 347. As per him, the bank has failed to make out a case of good and sufficient reasons to condone the delay. 3 5. We have considered the rival arguments and we are satisfied that the delay caused deserves to be condoned, more so, in view of the prima facie opinion recorded by this Court in its order dated 17 th November 1998, when the Appeal was admitted, but subject to payment of exemplary costs. 6. Hence, the Notice of Motion is made absolute in terms of prayer clause (a) and the Appellant Bank is directed to pay to the Respondents Rs.10,000/- within a period of two weeks by way of costs. The Appeal to proceed for final hearing. (SMT. V. K. TAHILRAMANI, J.) (B.H. MARLAPALLE, J.)