1 nms-1045-09 in s-358-87 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1045 OF 2009 IN SUIT NO.358 OF 1987 National Textile Corpn. ....Plaintiff V/s. Arvinder Singh Sethi & Ors, ....Defendants Ms Mamta Sadu i/b Mr. Joseph Fernandes for the Plaintiff Mr. Pankaj Kode i/b Ms Swapna Kode for Defendant Nos.1A & 1B CORAM : R.M. SAVANT, J. DATE : 8TH MARCH, 2011. P.C. :- 1 The above Notice of Motion is taken out by the original Plaintiff/Applicant for restoration of the above suit, which came to be dismissed for non prosecution on 3-9-2007. The Affidavit in support of the Notice of Motion also sets out the reasons for the delay in filing the above Notice of Motion. The sum and substance of the reasons can be found in paragraph 5 of the Affidavit in Support. The said reasons are that the Solicitors who were handling the above suit, returned the papers to the Plaintiff. However, since the office of the Plaintiff was shifted from NTC House, Ballard to Apollo Mills, N.M.Joshi Marg, Chinchpokli. In the process of the said shifting, the papers were misplaced and could not be traced. It is also mentioned that though Defendant No.2 had informed the Plaintiff by 2 nms-1045-09 in s-358-87 their letter dated 18-12-2007, some time was lost in collecting the papers etc. and filing the above Notice of Motion. 2 On behalf of Defendant Nos.1(a) & 1(b), the reasons set forth by the Plaintiff are questioned. It is contended by the Advocate for Defendant Nos.1(a) & 1(b), that in some other suit the Plaintiff acted with reasonable despatch, but in the instant case the approach of the Plaintiff can be said to be causal. 3 Having heard the Counsel for the parties and having considered the reasons mentioned in the affidavit in support, as also keeping in mind the well settled dictum that in the matters of condonation of delay and restoration, a highly pedantic approach should be avoided and an approach which furthers the cause of substantial justice should be adopted. A case for condonation of delay and consequently the restoration of suit is made out. 4 The Notice of Motion is made absolute in terms of prayer clause (A) & (B). 5 However, in the interest of justice, it is required that the Applicant/Plaintiff pay costs of Rs.3,000/- to the Defendant Nos.1(a) & 1(b) within a period of 4 weeks from date. (R.M.Savant, J.)