1 rma IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 3637 OF 2004 IN APPEAL NO. 523 OF 2004 IN NOTICE OF MOTION NO. 1739 OF 2001 IN SUIT NO. 2292 OF 2001 Dinesh Jain .. Appellant Vs Ulhas D. Gurav & Ors .. Respondents Ms. Benaifer R. Vatcha i/b Trupti Gohil for the Appellant CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. DATE : 3rd March, 2010 P.C.: 1. Office objections were not removed within the prescribed time and therefore, as per the conditional order passed by the Prothonotary and Senior Master, Appeal No. 523 of 2004 came to be dismissed on 23.08.2004. Hence, this Motion to set aside the said order by condoning delay of two months. 2. We have perused the affidavit in support of the Motion as well as the affidavit of service. 3. Delay is condoned subject to payment of costs quantified at Rs. 1.nma3637-04 2 2,000/- and to be remitted to the office of the Prothonotary and Senior Master within the period of four weeks from today. 4. The Motion is allowed in terms of prayer clauses (a). 5. The office objections shall be removed by the learned counsel for the Appellant within four weeks, failing which the Appeal would stand dismissed without reference to the Court. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] 1.nma3637-04