-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion no. 261 of 2008 in Appeal (L) no. 874 of 2007 in Suit no. 941 of 1988 M/s. Santogen Silk Mills Pvt. Ltd.: Appellant v/s The Board of Trustees of the Port of Bombay : Respondent Mr. Ajay Fernandes i/b M/s. Pardiwala and Company for Appellant Mr. K.R. Khata i/b Motiwala and Co. for respondent Coram : Smt.Ranjana Desai S.J. Kathawalla, JJ. Date : 21.10.2008 P.C. . Heard learned counsel for the parties. . There is 270 days delay in filing the appeal. . For the reasons stated in the affidavit in support of the notice of motion delay is condoned on the condition that appellant pays costs quantified at Rs. 1000/- to the respondent. We must note that we have awarded less costs because the appellant is stated to be a sick company and is under BIFR reference. If costs are not paid the office shall not number the appeal. Costs shall be paid within a period of four weeks from today. . Motion is disposed of. (S.J. Kathawalla,J.) (Ranjana Desai, J.)