1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.2166 OF 2009 IN SUIT NO.1417 OF 2003 Oriental Insurance Co. Ltd. ...Plaintiff. Vs. Shamina Amirali Mukadam & Anr. ...Defendants. .... Mr. Girish Desasi i/b. Kartikeya & Ass. for the Plaintiff. Mr. H.H. Trivedi i/b. Ashwin Shankar for the Defendants. ..... CORAM : DR.D.Y.CHANDRACHUD, J. July 9, 2009. P.C. A conditional order was passed on 22nd April 2009 requiring the Plaintiffs to file their affidavit in lieu of the Examination-in-Chief and a compilation of the original documents within a period of four weeks, failing which the suit was to stand dismissed for want of prosecution. The Plaintiffs have filed a Notice of Motion explaining the delay which has occurred on their part. In my view, the interests 2 of justice would require that the Plaintiffs should be granted a further extension to comply with the directions of the Court and that the suit should be restored to file. This should, however, be subject to payment of costs. The Notice of Motion is made absolute in terms of prayer clauses (a) to (c) subject to the payment of costs quantified at Rs.3,000/- which are to be paid within a period of one week from today and shall be a condition precedent. Subject to this, the affidavit in lieu of the Examination-in-Chief together with a compilation of the original documents is taken on record. The suit shall be placed on board on 20th July 2009 for admission and denial of documents. .......