1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1388 OF 2009 IN SUIT NO.98 OF 1989 V. P .Bedekar & Sons Pvt. Ltd., )..Plaintiffs Vs. Shriram Foods Pvt. Ltd., )..Defendants ---- Mr. Shailesh Shah i/by Khona & Kayser for the plaintiffs. Mr. Nitin Mulye for the defendants . ---- Coram : R.S.MOHITE,J Date : 8th June, 2010 PC 1 This is a Notice of Motion for setting aside an order dated 17.8.2007 passed by this Court dismissing the main suit and for restoration of the said suit. The record indicates that the suit was listed on 9.8.2007 when none appeared. Subsequently, on 17.8.2007 when the matter was kept under the caption `dismissal’ then also Advocate did not appear and in the circumstances, suit was dismissed for non prosecution. It is contended on behalf of the original plaintiffs that the name of the Advocate was not shown on the board prepared by the Association on 9.8.2007 as well as on 17.8.2007. Zerox copy of the board is annexed. It is seen that the name of the plaintiffs’ Advocate has not been shown on these two dates. In so far as delay is concerned, it is contended that since Advocate’s name is not shown and that Advocate was not aware, plaintiffs came to know about the dismissal of the suit only when one of the shareholders of the company wrote a letter dated 3.4.2009 to the Chairman of the company. The Motion came to be immediately filed on 9.4.2009. In these 2 circumstances, I am inclined to condone the delay. In the circumstances, Notice of Motion is allowed in terms of prayer clauses-(a) & (b) and stands disposed off. (R.S.MOHITE,J) 3