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 ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO. 73 OF 2006 MOTION NO. 73 OF 2006 MOTION NO. 73 OF 2006 inin in REVIEW REVIEW REVIEW PETITION. PETITION. PETITION. 37 OF 2004 37 OF 2004 37 OF 2004 inin in SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO.444 OF 2002 FOR JUDGMENT NO.444 OF 2002 FOR JUDGMENT NO.444 OF 2002 inin in SUMMARY SUMMARY SUMMARY SUIT NO.2019 OF 2001 SUIT NO.2019 OF 2001 SUIT NO.2019 OF 2001 Shyam B.Seernani .. Petitioner versus M/s Mascot Enterprises & Ors .. Respondents Mr.Brijesh Upadhyay i.b Vinod Mistry & Co for Petr. Mr.Avinash Joshi i/b Mulla & Mulla Cr. Bl.& Co for Respt nos.1,2 & 3. CORAM CORAM CORAM : : : D.G.KARNIK, J D.G.KARNIK, J D.G.KARNIK, J DATED: DATED: DATED: 19th April, 2006 19th April, 2006 19th April, 2006 P.C. 1. Heard learned counsel for the petitioner and respondent nos. 1 to 3. Learned counsel for the petitioner submits that respondent nos. 4 and 5 have been served and the affidavit of service has been filed. 2. No affidavit in reply has been filed by any of 2 the respondents. However, learned counsel for the respondent nos.1, 2 and 3 states that delay may be condoned subject to payment of costs. Accordingly, motion is allowed and delay is condoned subject to payment of costs of Rs.2000/- to the respondent nos. 1 2 and 3. Costs shall be paid within four weeks failing which the motion shall stand dismissed. (D.G.KARNIK, (D.G.KARNIK, (D.G.KARNIK, J) J) J) rng