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. 1022 OF 2008 OF MOTION NO. 1022 OF 2008 OF MOTION NO. 1022 OF 2008 IN IN IN APPEAL APPEAL APPEAL (LODGING) NO.110 OF 2008 (LODGING) NO.110 OF 2008 (LODGING) NO.110 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 400 OF 2007 OF MOTION NO. 400 OF 2007 OF MOTION NO. 400 OF 2007 IN IN IN WRIT WRIT WRIT PETITION NO.1304 OF 2007 PETITION NO.1304 OF 2007 PETITION NO.1304 OF 2007 United Motors (India) Ltd. ...Appellant. Versus Pradeep Raghunath Rane ...Respondent. Mr.K.N.Naik i/by Mr.M.S.Paranjape for the Appellant. Mr.Shailesh Pathak for the 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 : 22ND AUGUST, 2008 : 22ND AUGUST, 2008 : 22ND AUGUST, 2008. P.C. P.C. P.C. . We have heard the learned counsel appearing for both the sides. 2. This is a Notice of Motion for condonation of delay of 144 days in filing the Appeal. The reasons stated in the affidavit in support of Notice of ( 2 ) Motion are not proper for condoning the delay. However, the learned counsel appearing for the Appellant, on instructions, submits that the Appellant will deposit all the dues and arrears of wages till today and shall continue to pay monthly salary/wages to the Respondent in view of the provisions of Section 17 of the Industrial Disputes Act-1947 till the final disposal of the Appeal and thereby claimed that in the interest of justice delay may be condoned. 3. In view of the monthly payment being offered and the amount of arrears being deposited in this Court the other side has no objection for condonation of delay. Therefore, the delay is condoned on condition that within a period of two weeks, entire arrears are deposited in this Court and the regular monthly salary/wages is given to the Respondent from the months commencing from 1st September, 2008 i.e. arrears of August to be paid on 1st September, 2008. If the payments are not made either way within the stipulated time, the delay condonation of Notice of Motion stands rejected. 3. The Notice of Motion is disposed of accordingly. ( 3 ) (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)