1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.855 OF 2009 IN APPEAL (L) NO.130 OF 2009 IN SUMMONS FOR JUDGMENT NO.435 OF 2007 IN SUMMARY SUIT NO.2760 OF 2006 Kena Dairy Products Pvt. Ltd. : Appellants versus M/s.Arihant Gold Plast Pvt. Ltd. : Respondents. Mr.Dipen Faria i/by M/s.Niranjan & Co. for the Appellants. Mr. Ramesh Jain for the Respondents. CORAM : P.B.MAJMUDAR & R.C.CHAVAN, JJ DATED : NOVEMBER 10, 2009 P.C. 1. Heard the learned counsel for the parties. In the facts and circumstances of the case, delay in filing the appeal is condoned. However, the Appellants are directed to pay costs of Rs.3,000/- to the Respondents within a period of two weeks from today. Payment of costs is a condition precedent. The Notice of Motion is accordingly disposed of. [R.C.CHAVAN, J] [P.B.MAJMUDAR,J]