1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 577 OF 2009 IN APPEAL (L) NO. 78 OF 2009 IN SUIT NO. 3762 OF 1990 United Western Bank Ltd., Now IDBI Bank Ltd .. Appellant Vs Bank of India and Ors .. Respondents Ms. Pallavi Khangaonkar i/b Mrs. A.W. Barve for the Appellant CORAM : B.H. MARLAPALLE & C. L. PANGARKAR,, JJ. DATE : 10th February, 2010 P.C.: 1. Heard Ms. Khangaonkar, the learned counsel for the Applicant – Bank. The Appeal under lodging No. 78 of 2009 is filed beyond time by 242 days and hence, this Motion for condonation of delay. 2. Respondent No.1 – Original Plaintiff has been served as per the record and none appears for the said Respondent. 3. We have perused the affidavit in support of this Motion. Suit No. 3762 of 1990 for recovery of Rs. 3,86,144/- came to be decreed on 11.03.2008, an application for certified true copy was made on 10.04.2008 and the certified true copy was received on 30.05.2008. 3.nms577-09 2 The Appeal has been filed sometime in February, 2009. As per the affidavit, this delay is on account of the fact that original Defendant No. 1 – present Appellant Bank had merged with I.D.B.I. on 03.10.2006 and despite the information so provided to the I.D.B.I, no steps have been taken to bring the new Bank on record and after receiving the certified true copy, it was the I.D.B.I who proceeded with the proposal to file an Appeal and hence, the delay caused in filing the Appeal. 4. We are satisfied that the good and sufficient reason has been made out to condone the delay but subject to the costs. 5. Hence, the Motion is made absolute in terms of prayer clause (a) subject to the payment of cost quantified at Rs. 5,000/- and to be deposited with the Prothonotary and Senior Master of this Court within one week. 6. Let the Appeal be listed for admission on 26th February, 2010 provided the entire decreetal amount is deposited by the Appellant with the Prothonotary and Senior Master of this Court. [C.L. PANGARKAR, J.] [B.H. MARLAPALLE, J. ] 3.nms577-09 3 3.nms577-09