1 3.NMA.1453-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1453 OF 2011 IN APPEAL NO.919 OF 2002 IN INSOLVENCY PETITION NO.26 OF 1997 Mr.Shekhar Modi. ..Appellant. Vs. Union Bank of India & Ors. ..Respondents. .... Ms. Rita Bhatia, for the Appellant. Ms. Nisha Parmar a/w. Tushar Garodia, for respondent (for Official Assignee). .... CORAM : J. P. DEVADHAR & A.R. JOSHI, JJ. DATED : 15 th NOVEMBER, 2011. P.C. 1. This Notice of Motion is taken out by the Appellant seeking condonation of delay of 412 days caused in taking out the Notice of Motion for setting aside the exparte order dated 11 th March, 2010 dismissing the appeal for want of non- prosecution. 2. We have heard the Counsel for the parties. Counsel for the Official Assignee opposed the Notice of Motion, In our opinion, however, for the reasons stated in the affidavit in support of the Notice of Motion, the delay deserves to be condoned. Accordingly, Notice of Motion is made absolute in terms of prayer clauses (a) & (b). (A.R.JOSHI, J.) (J.P. DEVADHAR,J.)