:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.255 OF 2006 NOTICE OF MOTION NO.255 OF 2006 NOTICE OF MOTION NO.255 OF 2006 IN IN IN APPEAL (L) NO.1390 OF 2005 APPEAL (L) NO.1390 OF 2005 APPEAL (L) NO.1390 OF 2005 IN IN IN WRIT PETITION NO.1618 OF 2003 WRIT PETITION NO.1618 OF 2003 WRIT PETITION NO.1618 OF 2003 Prabhu Nagnath Surve .. Applicant V/s I.B.P.Company Ltd. and Anr. .. Respondents ----- Mr.N.M.Ganguli for the Applicant. CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN CORAM : DR.S.RADHAKRISHNAN & S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. DATE : 7TH APRIL, 2006. DATE : 7TH APRIL, 2006. DATE : 7TH APRIL, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the Applicant. None appears for the Respondents though served. The learned Counsel for the Applicant undertakes to file an affidavit of service within a period of two weeks from today. 2. By this Notice of Motion, the Applicant is seeking condonation of 13 days delay. Perused the Notice of Motion and the affidavit-in-support thereof. For the reasons stated in the affidavit-in-support of the Notice of Motion, sufficient cause is made out for condoning the delay. There is no case of inaction, negligence or want of bonafide on the part of the :2: Applicant. Hence, Notice of Motion is made absolute in terms of prayer clause(a). The above appeal be placed on board on 17th April, 2006, subject to numbering. (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.) (S.J.VAZIFDAR,J.)