IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.731 OF 2008 IN APPEAL (L) NO.686 OF 2007 IN WRIT PETITION NO.3146 OF 2004 Oriental Rubber Industries Ltd. ..... Appellant V/s. Somayya S. Bhandari & Ors. ..... Respondents Mr.Piyush Shah, Advocate for the Appellant. Mr.S.N.Deshpande, Advocate, for the Respondents. CORAM : R.M.S.KHANDEPARKAR & P.B.MAJMUDAR, JJ. DATED : JUNE 19, 2008. P.C. 1. The records disclose that the appeal lodging No.686 of 2007 came up for hearing on admission along with appeal No.517 of 2007 as both the appeals arise from the order passed in Writ Petition No.3146 of 2004 on 03-10-2007 and this Court by the order passed on the said day admitted the appeals and directed the appeals to be fixed for final hearing on 20-11- 2007. It appears that the Registry thereafter, raised certain objections in relation to appeal lodging No.686 of 2007. The objection raised nowhere discloses any objection regarding the bar of limitation. Once the appeal has already been admitted, the delay if any in filing the appeal must be deemed to have been condoned. Therefore, there is no question of any further 2 occasion for the party to take out separate notice of motion for condonation of delay. In this view of the matter, the notice of motion is disposed of with the observation that the appeal lodging No.686 of 2007 also stands admitted and therefore, Registry to register the same as the appeal. The notice of motion accordingly stands disposed of. ( P.B.MAJMUDAR, J.) ( R.M.S.KHANDEPARKAR, J.)