Lsp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 4533 of 2006 in FIRST APPEAL(st) NO. 24413 OF 2006 M\s. Standard Plastics ...Applicant V/s. M\s. Quality Brush Company ...Respondent Ms. Vasanti M. Bangera for the Applicant CORAM:- CORAM:- CORAM:- Anoop V. Mohta, J Anoop V. Mohta, J Anoop V. Mohta, J DATED:- DATED:- DATED:- 10th September, 2007. 10th September, 2007. 10th September, 2007. P.C. P.C. P.C. . This is an application for condonation of delay filed in the First Appeal. Undisputed position on record is that by order dated 26-9-2006 in appeal from order no. 6 of 2006 in notice of motion no. 1543 of 2005 in S.C. Suit No. 4237 of 1983, this Court has observed as under: "In this view of the matter, the only remedy for the appellant was to file an appeal against the decree and he could not have applied for restoration of the suit under Order 9 Rule 13 of the Code of Civil Procedure. The decision rendered by the trial Court is thus in :: 2 :: accordance with law and is hereby confirmed." 2. Based upon that the appellant has preferred this appeal along with Civil Application for condonation of delay within limitation i.e. on 7-10-2006. Therefore, without going into the merits of the matter and keeping all points open, the present application is allowed in terms of prayer clause (a). The appeal be placed for admission subject to registeration. 3. Civil Application is disposed off accordingly. (Anoop (Anoop (Anoop V. Mohta,J) V. Mohta,J) V. Mohta,J)