IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 169 OF 2009 IN APPEAL (L) NO. 546 OF 2008 IN NOTICE OF MOTION NO. 1379 OF 2007 IN SUIT NO. 4849 OF 1998 BP Chemical Trading ltd. ....Appellant/Orig.Defd no.1 V/s. Hazel Mercantile Pvt.Ltd and anr. ....Respondents/Orig.Plff. ======= Mr.S.Purohit i/by.Udwadia & Udeshi, adv.for appellant. Mr.Vivek Kantawalla, adv.for respondents. CORAM :- V.C.DAGA & SMT.R.P.SONDURBALDOTA,,JJ. DATED : 18TH AUGUST, 2009 P.C. 1. Heard learned counsel for the parties in the motion. 2. Perused notice of motion and affidavits. The present motion is taken out for seeking condonation of delay of about four hundred and seventeen days in filing the appeal. 3. We were taken through the affidavit to persuade us to condone the delay holding that sufficient grounds are made out to exercise discretion in favour of the appellant to condone delay. 4. The learned counsel appearing for the respondent has vehemently opposed this motion and tried to point out number of discrepancies in the affidavit. More reliance is placed on paragraph-3 of the affidavit-in-rejoinder dated 22nd July 2003. 5. Having heard both the parties and having seen the affidavit, in our considered opinion, no sufficient cause is made out for condonation of delay. The delay has not been properly explained. No material or particulars leading to delay are disclosed. 6. In the view of the matter, the Notice of motion is liable to be dismissed. Order accordingly. No order as to costs. (SMT.R.P.SONDURBALDOTA, J) (V.C.DAGA,J.)