1 NMS3734.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3734 OF 2008 IN ORIGINAL SUIT NO. 3535 OF 1991 (NEW CASE) SUIT NO. 3865 OF 1992 M/s. Bhayani Exporters. ... Plaintiff. V/s. M/s. Neelam Developers & Ors. ... Defendants. Mr. Nilesh S. Patil for the Plaintiffs. Mr. Birendra Saraf i/b. Shah and Sanghavi for Defendants 1 to 3. CORAM : R.Y. GANOO, J. DATED : 22nd NOVEMBER 2010. P.C. :- This Motion is taken out for setting aside of order of dismissal of the Suit passed on 19th June 1998. Affidavit in reply is filed. 2. Heard learned Counsels for the Plaintiff and for Defendants 1 to 3. Affidavit in reply in detailed indicates that Suit was dismissed in the past on 3 occasions and it was again restored and that is how it stood before the Prothonotary on 19th June 1998 when it was dismissed. 2 NMS3734.08.sxw 3. The affidavit in support of the Notice of Motion in a way tries to say that the Advocates appearing on behalf of the Plaintiff from time to time did not give proper information to the Plaintiff and he was kept in dark. I am not inclined to take this as the good cause because the Plaintiff could have made inquiries from the Court as regards pendency of the Suit and steps to be taken in the matter. Surely, the delay of 10 years and 90 days in taking out this Motion is fatal. This record also indicates that the Plaintiff is negligent in attending the matter. 4. Hence, following order is passed to dispose of the Motion :- (i) The Motion is dismissed. (ii) There shall be no order as to costs. (R.Y. GANOO, J.)