IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.3944 OF 2005 IN APPEAL (L) NO.1105 OF 2005 IN SUMMARY SUIT NO.623 OF 1982 M/s.Particles Boards India Ltd. .. Appeallnt v/s. The Union of India .. Respondent Mr.Ranjit Shetty with Mr.Prakash Shah i/by M/s.PDS Legal for the appellant. Mr.S.R.Rajguru for the respondent. CORAM : R.M. LODHA & ANOOP V.MOHTA, JJ. DATED : 13TH FEBRUARY, 2006. P.C. Heard Mr.Ranjeet Shetty, the learned counsel for the appellant and Mr.S.R.Rajguru, the learned counsel for the respondent. 2. The appeal suffers from delay of about 40 days. There is no reply affidavit by the respondent traversing the facts stated in the affidavit in support of the notice of motion for condonation of delay. 3. We are satisfied that for the reasons stated in the affidavit in support of the notice of motion, appellant was prevented by sufficient cause in filing the appeal in time. Delay in filing the appeal is condoned. 4. Office is directed to process the appeal and post it for admission. Notice of motion stands disposed of. (R.M.LODHA, J.) (ANOOP V. MOHTA, J.)