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. 4727 OF OF MOTION NO. 4727 OF OF MOTION NO. 4727 OF 2007 2007 2007 IN IN IN APPEAL APPEAL APPEAL NO. 836 OF 2006 NO. 836 OF 2006 NO. 836 OF 2006 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 1893 OF 2005 OF MOTION NO. 1893 OF 2005 OF MOTION NO. 1893 OF 2005 IN IN IN SUIT SUIT SUIT NO. 3443 OF 2004 NO. 3443 OF 2004 NO. 3443 OF 2004 Mohan Rocky Spring Water Breweries Ltd. ...Appellants. Vs. M/s. Shaw Wallace and Co. & Ors. ...Respondents. Mr. S.J.Khera for the Appellants. Mr. A.H. Kane i/by Mr. A.W. Kane for the Respondent No.1. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN : DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATED DATED DATED : 22ND JANUARY, 2008 : 22ND JANUARY, 2008 : 22ND JANUARY, 2008 P.C. P.C. P.C. . Heard the learned counsel for the Appellants and the learned counsel for the Respondent No.1. We have perused the Notice of Motion and affidavit in support of Notice of Motion and Affidavit of service. By the aforesaid Notice of motion, the Appellants are seeking condonation of 67 days delay caused in filing the above Appeal. For the reasons stated therein, sufficient cause is made out for condoning the delay caused in filing the above Appeal. There is no case ( 2 ) of inaction, negligence or want of bonafide on the part of the Appellants. Hence the Notice of Motion is made absolute in terms of prayer (a). The learned counsel for Respondent No.1 points out that there was no question of settlement talks. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)