1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.430 OF 2009 IN APPEAL (LODG) NO.545 OF 2006 IN NOTICE OF MOTION NO.3702 OF 2003 IN SUIT NO.3961 OF 2003 Shri.Chandru Tahilram Tolani. ...Appellant vs. 1.Sai Amrat Co-op.Housing Society Ltd. & others. ...Respondents --- Mr.Milind Sathe with Mr.Jamshed Ansari with Mr.Yusuf Shaikh i/b. S.Mohomedbhai & Co., for Appellant. Mr.S.G.Bandary i/b. Bhandary & Bbhandary, for Respondents. --- CORAM: D.K.DESHMUKH & A.A.SAYED, JJ. DATED: 5th March,2009. 2 P.C.:- 1. This is a notice of motion taken out by the appellant for restoration of the appeal which was dismissed for non removal of office objections. Perusal of the record shows that the office objections are of minor nature. The first objection was that there was error in the minutes of impugned order and there was delay of one day in filing the appeal. It appears from the record that the time for removal of objections was extended till 17.11.2006. On 7.11.2006 a notice of motion was taken out for condonation of delay. In fact, the delay has also been condoned by the order of the Division Bench of this Court dated 22.11.2007. It is apparent from the record that there is some irregularity involved, however, in our opinion, considering the nature of the objections and the fact that the appeal involves substantial rights of the appellant, it will not be appropriate to allow the appeal to be dismissed for minor objections. In our opinion, the interest of justice will be served by restoring the appeal so 3 that the appellant gets an opportunity to argue its appeal. The notice of motion is granted. Appeal (lodg) no.545 of 2006 is restored to file. Office to place that appeal for arguments on 12.3.2009. (D.K.DESHMUKH, J.) (A.A.SAYED,J.) ---