1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3881 OF 2008 IN APPEAL NO.511 OF 2008 IN ARBITRATION PETITION NO.299 OF 2008 Barkol Tirupati Developers (P) Ltd. .. Appellants Vs. Harijan Girijan Sahakari Grihnirman Society Ltd. .. Respondents Ms.S.S. Shah i/b M/s.Mehta & Girdharlal for the appellants Ms.Savita Yadav i/b Mr.P.A. Pol for the respondents CORAM : J. N. Patel & Smt.Mridula Bhatkar, JJ DATE : July 31, 2009 P.C. : 1. Heard 2. The respondents are served but they have not filed any affidavit in reply to the affidavit filed in support of the Notice of Motion. The Notice of Motion is taken out for condoning the delay which is of 2 days. Taking into consideration, the reasons stated in the affidavit in support of the Notice of Motion, we find that the delay can be condoned. Therefore, we are inclined to allow the notice of motion. Notice of Motion is made absolute in terms 2 of prayer clause (a). 3. Ms.Savita Yadav i/b Mr.P.A. Pol waives service for the respondents. 4. The appeal be registered and listed for admission in due course. ( J. N. Patel, J) (Smt.Mridula Bhatkar, J)