chandka 1 NMA-1876-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1876 OF 2010 IN APPEAL (L) NO. 307 OF 2010 IN ARBITRATION PETITION NO. 222 OF 2008 Johnwin Manavalan & Anr. ..Appellants versus Rajiv Vyas & Anr. ..Respondents Mr. Sharan Jagtiyani i/b. Federal & Rashmikant for Appellants. Ms. Soma Singh i/b. Sanjay Udeshi & Co. for Respondents. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 24 January 2011. P.C. : There is a delay of 120 days in filing the Appeal. We have perused the explanation shown in paragraphs 3, 4, 5 and 6 of the Affidavit in Support of the Notice of Motion. While we are of the view that the delay should be condoned in the interest of justice in this case, but this is in our view must be subject to payment of costs which should be a condition precedent. chandka 2 NMA-1876-10 Accordingly, the Notice of Motion is made absolute in terms of prayer clause (a) subject to payment of costs quantified at Rs.10,000/- which shall be a condition precedent. Costs to be paid within a period of two weeks from today. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)