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. 3058 OF OF MOTION NO. 3058 OF OF MOTION NO. 3058 OF 2007 2007 2007 IN IN IN APPEAL APPEAL APPEAL (L) NO. 526 OF 2007 (L) NO. 526 OF 2007 (L) NO. 526 OF 2007 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 2722 OF 2005 OF MOTION NO. 2722 OF 2005 OF MOTION NO. 2722 OF 2005 IN IN IN REVIEW REVIEW REVIEW PETITION (L) NO. 38 OF 2005 PETITION (L) NO. 38 OF 2005 PETITION (L) NO. 38 OF 2005 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 1849 OF 1983 SUIT NO. 1849 OF 1983 SUIT NO. 1849 OF 1983 M/s. Chirag Enterprises ...Appellant. Vs. The Trustworthy Pipes & Tubes Pvt. Ltd. ...Respondents. Mr. Y.R. Shah for the Appellant in support of Notice of Motion. 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 : 1ST FEBRUARY, 2008 : 1ST FEBRUARY, 2008 : 1ST FEBRUARY, 2008 P.C. P.C. P.C. . Heard the learned counsel for the Appellant. It appears that the affidavit of substituted service dated 31st January, 2008 is produced before the Court. The same is taken on record. By this Notice of Motion, the Appellant is seeking condonation of one day’s delay caused in filing the above Appeal. We have perused the Notice of Motion and affidavit in support thereof. For the reasons stated therein, sufficient cause is made out for condoning the delay caused in filing the above Appeal. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence the Notice of Motion is made absolute in terms of prayer (a). ( 2 ) (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)