*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3478/2009 IN APPEAL (L) no.591/2009 IN ARBITRATION PETITION NO.413/2009 Indiabulls Financial Services Ltd.. ..Appellant -VERSUS- Loyal Motors Pvt.Ltd. And others. ..Respondents ............... Mr.Anil Menon, Advocate i/b Anil Menon and Associates, for the Appellant. ............... CORAM: A.M.KHANWILKAR AND A.P. DESHPANDE, JJ. Dated 18th December, 2009. P.C.:- 1 It is stated on affidavit that an attempt to serve the Respondents was made which did not materialize. In this background, the Appellants sought leave of this Court to allow them to serve the Respondents by substituted service. Pursuant to the said liberty granted on 18th November, 2009, publication was done in English daily newspaper “Free Press Journal” on 25th November, 2009. Inspite of such service, no appearance has been made on behalf of the Respondents. The present motion is to condone delay in filing the appeal which is stated to be 77 days. *2* 2 The reasons mentioned in affidavit in support of the motion have remained un-controverted. The motion is made absolute in terms of prayer clause (a). Appellants to place bailiff’s affidavit on record during the course of day. In view of the above, appeal be placed for admission on 18th January, 2010. (A.P. Deshpande, J) (A.M.Khanwilkar, J)