1 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.550 OF 2010 IN APPEAL (L) NO.344 OF 2009 Majid Ahmed Oomerbhoy .. Appellant Versus Afzal Abdul Sattar Oomerbhoy & ors. .. Respondents Mr. Pranav Sampat a/w Ms. Prajakta Mhatre i/b Thakore Jariwala & Associate for Appellant Mr. Astad Ramderia a/w Ms. Aditi Prabhu i/b Desai Desai Carramji & Mulla for Respondents Mr. R.S.Kelaskar, Assistant (Representative of Court Receiver present) CORAM : B.H. MARLAPALLE & SMT. V. K. TAHILRAMANI, JJ. DATE : 11 th March, 2010 P.C.: 1. Appeal under lodging No.344 of 2010 has been filed belated and therefore, this Notice of Motion for condonation of delay. 2. We have perused the Affidavit in reply. The Learned Counsel for the Respondents has pointed out that though the Appeal was filed on or about 8 th May 2009, this Notice of Motion is taken out for 2 condonation of dealy only around 17 th February, 2010 and, therefore, he has opposed the Notice of Motion. It has also been pointed out that no reasonable grounds have been set out to make out good and sufficient reasons to condone the delay. 3. We have considered the rival contentions and we are satisfied that the delay cause deserves to be condoned, but subject to payment of costs. 4. Hence, the Notice of Motion is made absolute in terms of prayer clause (a), subject to payment of costs quantified at Rs.2000/- and to be remitted with the office of the Prothonotary and Senior Master of this Court within two weeks. (SMT. V. K. TAHILRAMANI, J.) (B.H. MARLAPALLE, J.)