IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2922 OF 2007 IN APPEAL (L) NO.657 OF 2007 IN NOTICE OF MOTION NO.1240 OF 2007 IN SUIT NO.5445 OF 1998 M/s.Mafatlal Fine Spg. Mfg. Co. Ltd. & Anr. ..... Appellants V/s. Smt.Vithabai Gajanan Koli & Ors. ..... Respondents Mr.Chetan Kapadia i/b M/s.P.K.Shroff & Co., for the appellant. Smt.Tulsabai Pandharinath Koli, Respondent No.2, present in-person. Mr.Dashrath Tukaram Vaity, Respondent No.3 present in-person. Mr.Dattaram Tukaram Vaity, Respondent No.4 present in-person. CORAM : SRI R.M.S.KHANDEPARKAR & SRI P.B.MAJMUDAR, JJ. DATED : JUNE 26, 2008. P.C. 1. Heard the Advocate for the appellant. 2. The respondent Nos.2 to 4 present in person. The respondents state that respondent No.1 Vithabai Gajanan Koli expired on 14-06-2002. They have also produced a copy of death certificate which is placed on record. 2 3. Considering the fact disclosed in the affidavit in support of notice of motion and the fact that the impugned order was passed without bringing the legal heirs of the respondent No.1 on record, sufficient cause is shown for condonation of delay of 58 days in filing the appeal and hence the delay is condoned and the notice of motion is made absolute in terms of prayer clause (a). The appeal lodging No.657 of 2007 on completion of registration formalities be listed for hearing on admission on 22-07-2008. 4. Date of fixing of the appeal has been noted by the respondents present in the Court. 5. The notice of motion stands disposed of accordingly. ( P.B.MAJMUDAR, J.) ( R.M.S.KHANDEPARKAR, J.)