1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3120 OF 2009 IN APPEAL (L) NO. 1 OF 2009 IN MISC. PETITION NO. 41 OF 2001 SICOM Ltd. .. Appellant Versus The state of Maharashtra and others. and others .. Respondents Mr. Prakash Panjabi, i/by Mr. Prakash Panjabi & Co. CORAM : B.H. MARLAPALLE & SMT. V. K. TAHILRAMANI, JJ. DATE : 25 th February, 2010 P.C.: 1. Heard Mr. Panjabi, learned counsel for the applicant. Appeal (Lodging) No. 1 of 2009 has been filed beyond time by 71 days and hence this motion for condonation of delay. 2. Affidavit of service placed on record indicates that respondents Nos. 1 to 3 have been served. None appears for them today. Respondents Nos. 4 to 8 were also sought to be served by Courier service but the 2 envelopes have been returned as refused, as some of them have refused to accept the notice. 3. We have perused the affidavit in support of the Motion and we are satisfied that the delay caused deserves to be condoned. 4. Hence the Notice of Motion is made absolute in terms of prayer clause (a). 5. List the appeal for admission on 17 th March, 2010. In the meanwhile, learned counsel for the appellant to issue fresh notice to the respondents and affidavit of service be filed before the next date. (SMT. V. K. TAHILRAMANI, J.) (B.H. MARLAPALLE, J.)