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. 3809 OF OF MOTION NO. 3809 OF OF MOTION NO. 3809 OF 2006 2006 2006 IN IN IN APPEAL APPEAL APPEAL (L) NO. 545 OF 2006 (L) NO. 545 OF 2006 (L) NO. 545 OF 2006 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 3702 OF 2003 OF MOTION NO. 3702 OF 2003 OF MOTION NO. 3702 OF 2003 IN IN IN SUIT SUIT SUIT NO. 3961 OF 2003 NO. 3961 OF 2003 NO. 3961 OF 2003 Shri Chandru Tahilram Tolani ...Appellant. Vs. Sai Amrat Co-Operative Housing Society Limited & Ors. ...Respondents. Ms. Deepali Wagale i/by M/s. S. Mohomedbhai & Co. appellant. Mr. Bhandary i/by M/s. Bhandary & Bhandary for the respondents. 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 NOVEMBER, 2007 : 22ND NOVEMBER, 2007 : 22ND NOVEMBER, 2007 P.C. P.C. P.C. . Heard the learned counsel for the appellant and the learned counsel for the respondent. Perused the notice of motion and affidavit in support thereof. By this Notice of Motion, the appellant is seeking condonation of one day’s delay in filing the above ( 2 ) appeal. For the reasons stated therein sufficient cause is made out for condoning the delay 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 clause (a). (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)