1 nms3808-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 3808 of 2008 . in Suit No. 2708 of 1998 Satish Shankar Paralkar .. Plaintiff v/s. Dinath Smruti Co-op. Hsg. Soc. & Anr. ..Defendants Mrs. Pai for the Plaintiff. None for the Defendants CORAM : R.Y.GANOO, J. DATED : 24th November , 2010 P.C. : 1. Affidavit of service of this motion is filed. Defendants are duly served. They are not present when called out. Perused affidavit in support of this notice of motion and in particular paragraph nos.12 and 13. By this paragraph plaintiffs have explained the delay and the reasons as to why the Advocate could not remain present on the day when the suit came to be dismissed. 2. In view of the reasons mentioned in the affidavit in support, I am inclined to allow the motion. Hence following order is passed to 2 nms3808-08.sxw dispose of the motion. ORDER 1. Motion is made absolute in terms of prayer clauses (a) and (b). ii. There shall be no order as to costs. Iii. Suit is restored to the file of this Court. Suit to come up for framing of issues on 15.12.2010. [R.Y.GANOO, J.]