1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2996 OF 2004 IN APPEAL LODGING NO.558 OF 2004 IN NOTICE OF MOTION NO.491 OF 2004 IN ARBITRATION APPEAL NO.1 OF 2004 Mr.Narendra Sheth .. Appellant. V/s. Global Infrastructure & Techno- logies Ltd. & Others .. Respondents. Mr.A.Y. Sakhare, senior counsel i/b. Vipeen Thokal for the appellant. Mr.Tushar Bhavsar i/b. Saira Mirzankar for respondent No.1. Mr.J.B. Sen i/b. Federal & Rashmikant for respondent Nos.2 and 3. CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & CORAM : R.M. LODHA, & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 30TH NOVEMBER, 2004. DATED : 30TH NOVEMBER, 2004. DATED : 30TH NOVEMBER, 2004. P.C. : The appeal is barred by 12 days. 2. For the reasons stated in the affidavit in support of the notice of motion, we are satisfied that the appellants were prevented by sufficient cause in filing the appeal in time. Delay in filing the appeal is condoned. 2 3. We clarify that the question of maintainability of appeal shall be considered when the appeal comes up for admission. 4. The office to process the appeal and post it for admission as soon as numbered. (R.M. LODHA, J.) (R.M. LODHA, J.) (R.M. LODHA, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.) (J.P. DEVADHAR, J.)