JUDGMENT :

K.M. Mehta, J.

M/s. Pravin Ratilal Share & Stock Brokers Ltd., the appellant (orig. defendant) has filed this appeal on 7.10.2006 against the judgment and order dated 10th March 2005 passed by the learned Chamber Judge, Court No.14, in Summary Suit No. 655 of 2004 below Exh.9. By the impugned judgment, the learned Judge has decreed the suit and directed that the defendant shall pay the decretal amount in sum ofRs.6,43,028/- with interest @ 12% p.a. From the date of the suit until its actual payment.

2. As there was a delay of 546 days in filing the appeal and therefore, Civil Application No.12817 of 2006 has been filed on 9th Nov.2006 for condonation of delay, in this behalf. In the application for condonation of delay, the Division Bench of this Court issued Rule on 13th Nov.2006 and Mr. Jigar M. Patel, learned advocate waived the service of rule on behalf of the respondent.

3. As regards condonation of delay is concerned, on behalf of respondent, one Shri Bhanubhai S.Patel has filed affidavit-in-reply dated 20th Nov.2006, contesting the application for condonation of delay.

4. I have heard Ms. Dharmishta Raval, learned advocate appearing on behalf of the appellant and Mr.D.