- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.714 OF 2009 in APPEAL NO.223 OF 2008 in SUIT NO.1618 OF 1987 Ramajanali Jivabhai Baradia & ors .. Appellants vs Virendra Kalisharan Gupta ... Respondent & Gulshan Ramazanali Baradia .. Co-Respondent Mr.Rajeev Narula i.b Jhangiani Narula & Associates for Applicant Mr.Dilip Rai i.b.Bharat Shah & Co for Respondent no.1 Mr.Makarand Narurkar for Respondent nos. 2 to 13 CORAM: P.B.MAJMUDAR & R.V.MORE,JJ DATED: December 10, 2009 P.C. 1. Heard learned advocates for parties. Considering the submissions of the learned counsel for the appellants, in our view Notice of motion is required to be restored to file by condoning the delay. As the decree for specific performance is passed against the appellant against which an appeal is admitted and there was already stay prevailing, the Notice of Motion was dismissed as the junior advocate on behalf of the appellants could not argue the matter. 2. Considering the facts and circumstances of the - 2 - case, Notice of motion is allowed in terms of prayer clauses (a) and (b). R.V.More, J P.B.Majmudar, J