1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3779 OF 2009 IN APPEAL (L) NO.655 OF 2009 IN COMPANY PETITION NO.463 OF 2008 WITH APPEAL NO.530 OF 2009 IN COMPANY PETITION NO.463 OF 2008 WITH NOTICE OF MOTION NO.4156 OF 2009 IN APPEAL NO.530 OF 2009 IN COMPANY PETITION NO.463 OF 2008 M/s.Morgan Securities & Credits P.Ltd. .. Appellants Vs. M/s.Videocon Industries Ltd. .. Respondents Mr.Zal Andhyarujina i/b M/s.S.K.Srivastava and Co. for the appellants Mr.R.D.Soni i/b M/s.Ram and Co for the respondents CORAM : J. N. Patel, Acting C.J., B.R.Gavai, J. DATE : January 13, 2010 2 P.C. : 1. Heard. 2. The Notice of Motion No.3779 of 2009 is taken out for seeking condonation of delay in preferring an appeal which is for a period of 278 days. In the affidavit in support of Notice of Motion, it has been stated that the appeal could not be filed for want of proper legal advise. This cannot be said to be a good and sufficient reason particularly when the appellant is a corporate body and are already litigating the matter. Therefore, notice of motion is dismissed with no order as to costs. 3. It appears that the office has wrongly registered the appeal when this court has not condoned the delay. As this court has dismissed the motion for condonation of delay, the appeal and the notice of motion no.4156 of 2009 for stay do not survive and are also dismissed as infructuous. (ACTING CHIEF JUSTICE) (B.R.GAVAI, J)