ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 2347 OF 2008 OF MOTION NO. 2347 OF 2008 OF MOTION NO. 2347 OF 2008 IN IN IN APPEAL APPEAL APPEAL (LODGING) NO.293 OF 2008 (LODGING) NO.293 OF 2008 (LODGING) NO.293 OF 2008 IN IN IN COMPANY COMPANY COMPANY PETITION NO.346 OF 1993 PETITION NO.346 OF 1993 PETITION NO.346 OF 1993 WITH WITH WITH OFFICIAL OFFICIAL OFFICIAL LIQUIDATOR’S REPORT NO.146 OF 1999 LIQUIDATOR’S REPORT NO.146 OF 1999 LIQUIDATOR’S REPORT NO.146 OF 1999 DATED DATED DATED 07/07/1999 07/07/1999 07/07/1999 IN IN IN COMPANY COMPANY COMPANY PETITION NO. 229 OF 1992 PETITION NO. 229 OF 1992 PETITION NO. 229 OF 1992 State Bank of India ...Appellants. Versus Mr.L.N.Devare ...Respondent. Mr.D.G.Dhanure i/by M/s. M.V.Kini & Co. for the Appellants. Mr.Sunil Chaubal for Respondent. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 19TH SEPTEMBER, 2008 : 19TH SEPTEMBER, 2008 : 19TH SEPTEMBER, 2008 P.C. P.C. P.C. . Heard the learned counsel appearing for the respective parties. 2. This is a Notice of Motion filed for condonation of delay of 117 days in filing the present Appeal. The Applicant is a Bank. The decree which has been passed against the Bank is of Rs.92,00,000/- (Rupees ninety two lacs only). Under these circumstances, the Bank has come with a ground, for condoning the ( 2 ) delay, that they have changed their Advocate and in the process they have lost track of the Appeal and therefore, the delay has occurred in the present case. The reasons assigned, though not acceptable to us, in the interest of justice, we are inclined to condone the delay. 3. The learned counsel appearing for the Respondent vehemently tried to oppose the matter. However, we find that the equities can be balanced by giving costs to the Respondents. 4. Under these circumstances, the delay of 117 days is condoned subject to the payment of cost of Rs.15,000/- (Rupees fifteen thousand only) to be paid to the Respondents within 15 days. If the cost is not paid, the Motion shall stand rejected, without further reference to the Court. 5. The Notice of Motion is disposed of, accordingly. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)