1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.257 OF 2010 IN SUIT NO.105 OF 1986 Mathakia Investments Pvt. Ltd .. Plaintiff -versus International Cotton Corpn. Pvt.Ltd and ors .. Defendants Mr. Chirag Balsara with Mr. A.V. Joshi, for the plaibtiff Ms U.K. Shah i/b K.D. Shah for defendant Nos 7, 10, 11 and 16. Mr. K.M. Mehta for defendant Nos 9, 14 and 15. CORAM: ANOOP V. MOHTA, J. DATED: 18th February, 2010 P.C. 1. Present Notice of Motion is taken out by the Plaintiff for restoration of the suit which was dismissed on 15th June, 2009 as none appeared for the plaintiff. It appears from the record that the plaintiff was appearing in the matter from time to time and in fact the order dated 15th January, 2009 and thereafter the matter was adjourned for framing of issues also. 2. Considering the affidavit in support of the Notice of Motion and basically para 5 and as sufficient cause is shown and as 2 litigant should not suffer because of default on the part of advocate and basically the suit is pending since l986, in the interest of justice, I am inclined to restore the suit which was dismissed, alongwith interim orders already passed. Motion is allowed in terms of prayer clauses (a) and (b) subject to costs of Rs.l,000/- to be paid by plaintiff to all the contending defendants. ( ANOOP V. MOHTA, J.)