-1- 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 FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.3464 OF 2006 APPLICATION NO.3464 OF 2006 APPLICATION NO.3464 OF 2006 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.18077 OF 2006 APPEAL ST.NO.18077 OF 2006 APPEAL ST.NO.18077 OF 2006 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.H.S.Aanand for the Applicants Mr.J.J.Xavier for the Respondent-B.M.C. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: AUGUST 7, 2006. AUGUST 7, 2006. AUGUST 7, 2006. P.C.: P.C.: P.C.: . Not on board. Taken on board. 1. This application is for condonation of delay in preferring the First Appeal. In the First Appeal, the challenge is to the order passed on Notice of Motion for restoration of the suit which is dismissed for default. The First Appeal against the order impugned is not maintainable. Hence, application for condonation of delay cannot be entertained. Application is accordingly rejected. 2. However, it will be open for the Applicant/Appellant to file appropriate proceeding for challenging the impugned order. -2- Judge. Judge. Judge.