1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE NOTICE OF MOTION NO.2538 OF 2004 IN APPEAL (LODGING) NO.502 OF 2004 IN NOTICE OF MOTION NO.1222 OF 2004 IN SUIT NO.2939 OF 1999 1. Shri N.L. Mehta & anr. Appellants vs. 1. Foreshore Co-operative Housing Society Limited & ors. Respondents Mr.R.M.Kadam with Mr.Vineet Naik i/b. M/s.M.K. Ambalal & Co. for the appellants. Mr.Sagar Kadam i/b. M/s.S.Mohammedbhai & Co. for the respondent no.1. Mr.Vinod Mahadik for the respondent no.6. Mr.P.Jaiswal i/b. M/s.Kanga & Co. for the respondent no.7. CORAM : R. M. LODHA & J.P. DEVADHAR,JJ. DATED : 28th October 2004 P.C. Heard Mr.R.M.Kadam, the learned counsel for the applicant and Mr.Sagar Kadam, the learned counsel for the respondent no.1. 2. For the reasons stated in the affidavit in support of the notice of motion, we are satisfied that the appellants were prevented by sufficient cause in filing 2 the appeal in time and the inconvenience caused to the respondent no.1 can be compensated by award of reasonable cost. 3. We, accordingly, condone the delay in filing the appeal subject to appellants’ paying cost of Rs.5,000/- to the first respondent within three weeks from today. 4. Notice of motion stands disposed of. (R.M. (R.M. (R.M. LODHA,J.) LODHA,J.) LODHA,J.) (J.P. (J.P. (J.P. DEVADHAR,J.) DEVADHAR,J.) DEVADHAR,J.)