IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4922 OF 2007 IN APPEAL NO.864 OF 2002 IN WRIT PETITION NO.2292 OF 1999 Mr.Mansukh M. Makwana ..... Appellant V/s. M/s.Bharat Earth Movers Ltd. & Ors. ..... Respondents Mr.R.B.Sawant i/b B.J.Sawant for the Appellant. None for the Respondents. CORAM : R.M.S.KHANDEPARKAR & P.B.MAJMUDAR, JJ. DATED : JULY 03, 2008. P.C. 1. Heard the Advocate for the appellant. None present for the respondents. 2. Undisputedly, there is a delay of 30 days in taking out notice of motion for restoration. The affidavit in support of notice of motion apart from claiming that his Advocate was engaged in another Court and the fact of delay of 30 days, does not disclose any cause for such delay. In the absence of any cause being shown, the question of condonation of delay 2 does not arise. Hence, the notice of motion is liable to be dismissed and is hereby dismissed accordingly. ( P.B.MAJMUDAR, J.) ( R.M.S.KHANDEPARKAR, J.)