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. 2810 OF 2008 OF MOTION NO. 2810 OF 2008 OF MOTION NO. 2810 OF 2008 IN IN IN APPEAL APPEAL APPEAL (LODGING) NO.320 OF 2008 (LODGING) NO.320 OF 2008 (LODGING) NO.320 OF 2008 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 58 OF 2008 OF MOTION NO. 58 OF 2008 OF MOTION NO. 58 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO. 1497 OF 2005 PETITION NO. 1497 OF 2005 PETITION NO. 1497 OF 2005 IN IN IN REFERENCE REFERENCE REFERENCE NO. (IDA) 538 OF 1998 NO. (IDA) 538 OF 1998 NO. (IDA) 538 OF 1998 M/s.Milestone (Frankie Stall) ...Appellant. (Orig.Petitioner) Versus Mathew D’Souza & Ors. ...Respondents. (Orig.Respondents) Mr.Santosh Mhaske i./by Mr.A.V.Chatuphale for the Appellant. Ms.Bhagyashri Jakhade for the Respondents. 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 : 19TH SEPTEMBER, 2008 : 19TH SEPTEMBER, 2008 : 19TH SEPTEMBER, 2008 P.C. P.C. P.C. . Heard both the sides. 2. This Notice of Motion is filed for condonation of delay of 56 days in filing the present Appeal. For the reasons stated in the affidavit in support of Notice of Motion, the delay is condoned. ( 2 ) 3. The Respondents have not filed a reply. However, the learned counsel appearing for the Respondents opposed to condone the delay. As a rule of non-traverse, the facts stated in the affidavit are deemed to be accepted by the Respondents and therefore, we condone the delay. Office is directed to number the Appeal and process it for admission. 4. The Notice of Motion is disposed of, accordingly. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)