ssm sm sm 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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 2642 OF 2008 OF MOTION NO. 2642 OF 2008 OF MOTION NO. 2642 OF 2008 IN IN IN APPEAL APPEAL APPEAL (LODGING) NO.399 OF 2008 (LODGING) NO.399 OF 2008 (LODGING) NO.399 OF 2008 IN IN IN SUIT SUIT SUIT NO.1234 OF 2008 NO.1234 OF 2008 NO.1234 OF 2008 Pancham Associates & Ors. ...Appellants. Versus Smt.Vijay M.Sheth & Ors. ...Respondents. Mr.V.A.Thorat, Sr.Advocate a/w Mr.Vaibhav Sugdare i/by Mr.P.B.Shah for the Appellants. Mr.J.S.Kini i./by Mr. Suresh Dubey for Respondent Nos. 1 and 2. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 14TH AUGUST, 2008 : 14TH AUGUST, 2008 : 14TH AUGUST, 2008. P.C. P.C. P.C. . Not on board. Upon mentioning, taken on board. 2. This is a Notice of Motion for condonation of delay. There is a delay of 80 days. The ground for condonation of delay as stated in the Affidavit in support of Notice of Motion have not been controverted. The ground made out for the condonation of delay is that, after the Respondents have filed the ( 2 ) Appeal, time was taken by the Appellants and thereafter the Appeal has been filed. Be that as it may, we have also found that the Appeal was filed by the Respondents bearing No.226 of 2008 and in view of the said Appeal, the Appellants in this Notice of Motion are also entitled to file a cross-objection which can be treated as a separate Appeal. Therefore, taking over all view of the matter, in the interest of justice and to have a fair trial to both the sides, since both the sides are aggrieved by the impugned order, we condone the delay. 3. The office is directed to number the Appeal and process it for admission alongwith Appeal No.226 of 2008. Since both the counsel show their willingness to proceed for admission, the same is heard immediately. 4. The Notice of Motion for condonation of delay stands disposed of accordingly. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)