1

TAKE NOTICE THAT that the this Hon'ble Court will be moved
Before

their

Lordship

the

Hon'ble

__________________________ JJ on

________________________

Day OF

Counsel can be heard by Counsel on the part of the Appellants above

Named for the following reliefs :(a) that the delay of ______ days in filing of the Appeal

be condoned' in the interests of justice; and

(b) For such further and other reliefs as this Hon'ble Court

Circumstances of the case.

.
Dated this

day of December 2014

This Notice of Motion has been taken out)

by M/S sunil & co

Advocates for the Appellants

having their office at 11/84 Janambhoomi

Road, Fort, Mumbai-01

M/S SUNIL & CO

Advocates for Appellants

Mr.

2014 AT 11.00 a.m. or so

soon thereafter as ,

May deem fit and necessary in the' facts and

and

To

1)____________________________________

2)___________________________________
The Respondents abovenamed

N.B take notice that the affidavit of Mr._______________________________ the

Petitioner above named solemnly affirmed on ___________________________
2014 will be used in support of this Notice of Motion.

Title

Appellants
V/S
Respondents
AFFIDAVIT OF THE PETITIONER IN STTPPORT OF THE.
NOTICE OF MOTION FOR CONDONATION OF DELAY,
I

, of Mumbai Indian inhabitant presently residing at 10,

Altamount.Road, Mumbai 400 026 do hereby solemnly affirm and state as

under:
1.

I am the Appellant in the above matter. I have filed the above

Appeal challenging order passed by His Lordship Mr. Justice
Gupte on 10th October 2014 in TPN No.10 of 2014.

2.

I am challenging the order passed by the Honble trial court

on various grounds which are mentioned in the Appeal. I crave
Leave to refer to and rely upon the Appeal Memo as part and
parcel of this Affidavit in support of Notice of Motion.

3.

I say that after passing of the order, there was Diwali

vacation. Thereafter I inform My Advocate to call Papers and
Proceedings from the Respondents Advocates as the Appellants
were not served with Papers and Proceedings of the suit. They
were served only with the third Party notice.

4.

My Advocate by his email dated __________________ requested

the Respondents Advocates to serve his Papers and Proceedings
of the suit. Hereto annexed and marked as Exhibit -1 is the
copy of the Email sent by My Advocate to the Respondents
Advocate.

5.

I say that till this date I am not served with Papers and
Proceedings of the suit.

6.

I say that because of vacation and thereafter my Advocate

held up in another matters. My Advocate had informed his
office to Apply for certified copy of the order. However though
oversight the clerk did not file the same. I came to know about
the same on 8-12-2014. I immediately inform my advocate to

apply for certified copy of the order. The Application for certified
copy is made on 9-12-2014.
7.

Therefore there is delay of about 30 days in filling the Appeal.

8.

I am therefore filing this Notice of Motion seeking condonation

delay in filing the above Appeal. The said delay of a few/dayshas not caused any prejudice to the Respondents. I respectfully
submit that I have an excellent chance of success on a merits
in the said Appeal. It is in the interests of justice that the delay
in filing the said Appeal be condoned. I respectfully submit that
the present Notice of Motion be made absolute with cost.

Solemnly affirmed at Mumbai

M/s Sunil & co
Adv.for the Petitioner