1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 674 OF 2003 IN SUIT NO. 3210 OF SUIT NO. 3210 OF SUIT NO. 3210 OF 1993 Maha. State Road Trans. Corpn.. Plaintiff versus U-Foam Pvt Ltd .. Defendant Mr.C.M.Lokesh i/b Hegde & Asso. for Plaintiff None for Defendant CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 15th April 2005. DATED : 15th April 2005. DATED : 15th April 2005. P.C:- P.C:- P.C:- 1. Heard learned counsel for the plaintiff. None present for the defendant. This motion is taken out by the plaintiff for setting aside of an order of dismissal passed on 8th July, 1998. Learned counsel for the plaintiff states that the plaintiff and his advocate were not aware of the order of dismissal and became aware of the order of dismissal only on 7th August, 1998. Motion has been filed on 21st February, 2 2003. Delay of 5 years is not explained. Endorsement on the motion shows that the affidavit in support of the motion was sworn on 23rd January, 2003 while the motion was not filed till 21st February, 2003. This delay is also not explained. In the circumstances, no ground is made out for condonation of delay. Motion is therefore dismissed. D.G.KARNIK, J