1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3671 OF 2008 IN APPEAL (L) NO.515 OF 2008 IN NOTICE OF MOTION NO.1619 OF 2008 IN SUIT NO.4183 OF 2006 Manjulaben I. Shrimankar and Anr. .. Appellants Vs. Smt.Rekha Kumar Shrimankar .. Respondent Mr.Aditya R. Mithe i/b M/s.Khaitan & Jaykar for the appellants Mr.P.J. Thorat for the respondent CORAM :J. N. Patel & Smt.R.P. Sondurbaldota, JJ DATE : September 17, 2009 P.C. : 1. This notice of motion is taken out for condonation of delay of 24 days in filing the appeal. The Notice of Motion has been served upon the respondent. 2. Mr.P.J. Thorat, the learned counsel for the respondent states that the respondent opposes the application. 2 3. According to the Mr.Aditya R. Mithe, the learned counsel for the appellants, the reasons stated in the affidavit in support of notice of motion are sufficient to condone the delay. He submits that after the impugned order dt.14.7.08 was passed, he received certified copy thereof on 22.7.08. Since one of the directions in the impugned order requires the appellants to submit the accounts from the year 1996, the appellants contacted their Chartered Accountant for all the relevant details and documents pertaining to the suit property and it took sometime for his Chartered Accountant to provide him with relevant details. He further claims to have been busy with his work and traveling out of town during the period 5.8.08 to 20.8.08 It is submitted that on account of all these pre-occupation, the appellants could not instruct their lawyers to prefer the appeal. 4. Taking into consideration the averments made in the affidavit in support of notice of motion, we find that the delay was not intentional and in order to give a fair opportunity to the appellants, we allow the notice of motion. 5. Notice of Motion is made absolute in terms of prayer clause (a). No order as to costs. Office to condone the delay and place the appeal for admission on 8.10.09. ( J. N. Patel, J) (Smt.R.P.Sondurbaldota, J)