1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2908 OF 2009 IN SUIT NO.2610 OF 1991 Poona Fibre Products Pvt. Ltd. & Anr. ....Plaintiffs V/s. R.S.V. Agencies & Ors. ....Defendants Mr.Shailesh Shah with Ms.Usha Rani i/b Mayur Narendra & Co. for the Plaintiff. Mr.H.V. Chande for Defendant. Nos.7 and 8 and in support of Notice of Motion No.1519 of 2006. Ms.Sarita Yadav i/b Mr.J.J. Thakkar for Defendant Nos.3, 4, and 9 and in support of Notice of Motion No.811 of 2009. Ms.S.I. Shah i/b S.I. Shah & Co. for Defendant No.1 and in support of Notice of Motion No.2908 of 2009. CORAM : S.J. VAZIFDAR, J. DATE : 17TH NOVEMBER, 2009. P.C. :- 1. This is the first Defendant’s Notice of Motion seeking condonation of delay of five years in depositing an amount of Rs.5400/- per month as per the order dated 9.12.1993. 2. The reasons stated in the affidavit in support indicate that Defendant No.1 on their own decided that the order need not be complied with for the reasons stated therein. This approach was incorrect. If according to Defendant No.1 it was not necessary to deposit the amount, 2 Defendant No.1 ought to have applied to the Court for modification of the order or setting aside thereof. 3. I will however presume on this occasion that this was a bona- fide error and that the first Defendant did not intend disobeying the order deliberately. The prejudice caused by the delay in depositing the amount can be cured by permitting the first Defendant to deposit the amount with interest. 4. In the circumstances, the Notice of Motion is made absolute in terms of prayers (a) and (b) subject to the first Defendant depositing a sum of Rs.5,18,400/- on or before 15.12.2009 and interest at the rate of 10% p.a. from the date on which the amounts were due till payment. The amount towards interest shall be deposited on or before 28.2.2010. 5. The Notice of Motion is accordingly disposed of.