- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4133 OF 2008 in APPEAL (L) NO.205 OF 2008 in WRIT PETITION NO.2672 OF 2006 Nirmal L.Mhatre ... Appellant vs ACC Ltd ... Respondent .. Mr.E.P.Bharucha Sr.Counsel i.b Mr.P.M.Patel for Appellant Mr.Renuka Lele i.b M/s Haresh Mehta & Co for Respondent CORAM: P.B.MAJMUDAR & R.V.MORE,JJ DATED: December 10, 2009 P.C. 1. Heard learned counsel for the parties. Though it is true that the applicant was not vigilant in prosecuting this appeal and however considering the fact that a Cross petition filed by the Respondent-Company is already pending before the Single Judge, we deem it proper to condone the delay in filing this appeal. Delay in filing the Appeal is condoned. The appellant is directed to pay costs of Rs.3000/- for condoning the delay. Costs to be paid within a period of two weeks from today. Notice of Motion is allowed in terms of prayer clause (a). R.V.More, J P.B.Majmudar, J - 2 -