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. 4609 OF OF MOTION NO. 4609 OF OF MOTION NO. 4609 OF 2007 2007 2007 IN IN IN APPEAL APPEAL APPEAL (L) NO. 168 OF 2006 (L) NO. 168 OF 2006 (L) NO. 168 OF 2006 IN IN IN ARBITRATION ARBITRATION ARBITRATION PETITION NO. 458 OF 2004 PETITION NO. 458 OF 2004 PETITION NO. 458 OF 2004 Mr. Ketan Parekh ...Appellant. Vs. Citer Holdings Pvt. Ltd. ...Respondents. Mr. Santosh Shetty i/by M/s. Sean Wassoodew & Co. for the Appellant. Mr. M.P.S. Rao, i/by M/s. K.V.Aiyar & Associates for Respondent No. 1. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATED DATED DATED : 28TH JANUARY, 2008 : 28TH JANUARY, 2008 : 28TH JANUARY, 2008 P.C. P.C. P.C. . Heard the learned counsel for the Appellant and the learned counsel for the Respondent No.1. By this Notice of Motion, the Appellant is seeking condonation of 325 days delay caused in filing the above Appeal. We have perused the Notice of Motion and affidavit in support of Notice of Motion and the Doctor’s Certificates annexed therewith. We have also perused the Affidavit-in-reply of Respondent No.1. Having regard to the facts and circumstances, sufficient cause is made out for condoning the delay caused in ( 2 ) filing the above Appeal. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence the Notice of Motion is made absolute in terms of prayer (a). (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)