IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) No.42 of 2007 IN SUMMONS FOR JUDGEMENT NO.287 OF 2003 IN SUMMARY SUIT NO.3809 OF 2002 Emkay Exports & ors. .. Appellants versus Madhusudan Srikrishna .. Respondent ... Mr.D.D. Madon, Sr. Advocate with Mr.H.N. Thakore with Ms.A. Bardia i/b M/s.Thakore Jariwalla & Associates for the appellant. Mr.N.D. Jaywant for the respondent. CORAM : R.M.S. KHANDEPARKAR AND D.G.KARNIK, JJ DATED : 9th April 2007. P.C.: 1. Heard. 2. Since the application for condonation of delay is rejected, appeal does not survive. Even otherwise the appeal filed by the appellant against the order granting conditional leave to defend has already been dismissed and that order has become final. In the present appeal against the consequential order of decreeing the suit for non compliance of the conditional order the original order of conditional leave cannot be challenged. Hence, appeal fails and is hereby dismissed. (R.M.S. KHANDEPARKAR, J) (D.G. KARNIK, J)