=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.2456 OF 2008 MOTION NO.2456 OF 2008 MOTION NO.2456 OF 2008 IN IN IN APPEAL APPEAL APPEAL (L) (L) (L) NO.327 OF 2008 NO.327 OF 2008 NO.327 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF OF OF MOTION NO.1576 OF 2008 MOTION NO.1576 OF 2008 MOTION NO.1576 OF 2008 IN IN IN SUIT SUIT SUIT NO.1352 OF 2008 NO.1352 OF 2008 NO.1352 OF 2008 M/s Gurunanak Construction ...Appellants v/s Kamlesh A. Makhija and others ...Respondents Mr R.A. Karale for Appellants. Mr Shailesh Shah i/b M/s S.B. Amin and Co. for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. : D.K. DESHMUKH AND A.A. SAYED JJ. DATE DATE DATE : 12TH MARCH 2009 12TH MARCH 2009 12TH MARCH 2009 =2= P.C. :- 1. This notice of motion is taken out by the appellants for condonation of appeal in filing appeal. The delay is of 28 days. Against the same order, which is impugned in this appeal, appeal No.254 of 2008 is filed by the plaintiffs. For the reasons mentioned in the affidavit filed in support of the motion, motion is granted in terms of prayer clause (a). Notice of motion is disposed off. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( A.A. SAYED J.)