1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 35 OF 2009 IN APPEAL LODING NO. 758 OF 2006 IN NOTICE OF MOTION NO. 885 OF 2006 IN SUIT NO. 858 OF 2005 Mr. Sajid Phaniband s/o Sayyed Phaniband .. Appellant Vs. Smt. Sayeeda Shakur Khan and ors. .. Respondents Mr. Sagheer A. Khan for applicants – original respondent nos.1 to 4. Mr. R.M. Vanoo for the original appellant. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. March 02, 2010. P.C. 1. Heard Mr. Khan, the learned counsel for the applicant – original plaintiffs. The applicants pray for dismissal of Appeal Lodging No. 758 of 2006, which has been admitted on 6/8/2007. It is prayed that 2 the appeal is required to be dismissed under Order 30 Rule 11 of C.P.C. on account of the failure of the appellant to comply with the conditions of submitting the accounts as set out in the order dated 3/8/2006 passed in Notice of Motion No. 885 of 2006 in Suit No. 858 of 2005. The learned counsel for the applicant also referred to the order passed in this appeal on 6/8/2007 and pointed out that the appellant was required to submit the accounts on year to year basis in the pending suit. 2. The affidavit-in-reply filed by the appellant states that the accounts were ready for the years ending on 31/3/2007, 31/3/2008 and 31/3/2009 but inadvertently they were not submitted till this Chamber Summons was taken out. It has been further stated in the affidavit that the accounts have been submitted for all the three years before the learned trial Judge, while filing the affidavit-in-reply. Unconditional apology also has been tendered in the delay caused in submitting the accounts. We note down the undertaking that the accounts shall be submitted regularly in compliance to the order passed in the Suit. 3. Hence, we are not inclined to allow this Chamber Summons as the appellant has submitted the accounts, though belatedly. 3 4. The Chamber Summons is hereby dismissed. (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE, J.)