IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.715 OF 2004 IN APPEAL FROM ORDER NO.527 OF 2004 IN NOTICE OF MOTION NO.3926 OF 2003 IN SUMMONS FOR JUDGMENT NO.40 OF 2002 IN SUMMARY SUIT NO.798 OF 1999 Jajodia Silk Emporium ...Applicant Versus Dhanraj Velji Shah & Ors. ...Respondents ...... Mr.Chaturvedi i/b Chaturvedi & Associates for Applicant. Mr.Yashpal Jain for Respondent No.1. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JANUARY 23, 2006. JANUARY 23, 2006. JANUARY 23, 2006. P.C. P.C. P.C. 1. Heard Counsel for the parties. As the delay is only of 40 days and for reasons mentioned in the Application, which have remained uncontroverted, I am inclined to accept the : 2 : application in the interest of justice, on condition that the Applicant shall pay cost to the Respondent No.1 quantified at Rs.1,000/- (Rupees One Thousand) within one week from today, failing which, the Office shall proceed on the assumption that this application has been dismissed for non-prosecution. Applicant to produce receipt of payment in the registry within one week from today. Only thereafter, the Office should proceed to register the Appeal and place it for admission as per its turn. A.M.KHANWILKAR, J.