1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY & INTESTATE JURISDICTION NMT/155/2009 IN TESTAMENTARY SUIT NO.67 OF 1997 IN TESTAMENTARY PETITION NO. 360 OF 1995 Shanta Chaterjee ...Plaintiff. Vs. Avijit Chatterjee ...Defendant. Mr.N.R.Mody i/b. Rustomji & Ginwala for the Plaintiff. Mr.Y. V. Sanglikar for the Defendant. CORAM :- ANOOP V. MOHTA, J. DATED :- 15th December, 2009. P.C.- 1 The present Notice of Motion is taken out by the plaintiff to restore the Suit/Petition which was dismissed on 1.09.2009. The Motion is dated 23.10.2009. As none appeared for the plaintiff, the Suit was dismissed. 2 Considering the averments made and in the interest of justice and as the plaintiff/parties should not suffer, even if there is a default on the part of the Advocate and as it is a testamentary suit/petition, I am inclined to restore the same. 2 3 The Motion is accordingly allowed in terms of prayers (a) and (b). However, it is subject to costs of Rs.5,000/- to be paid within two weeks. (ANOOP V. MOHTA, J.)