-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4096 OF 2009 IN SUIT NO. 432 OF 1993. M/s. Perfect Pack Corporation. ..Plaintiff. Versus M/s. Ajit Glass Works Pvt. Ltd. ..Defendant. Ms. Pratima Soundalkar i/b M/s. J. R. Vakil and Associates for the plaintiff. Ms. A. S. Pai for the Official Liquidator. Coram : R. V. MORE, J. Date : January 19, 2010. P. C. : 1. Heard learned counsel for the respective parties. This notice of motion is taken out by the plaintiff for setting aside the order dated 9th August 2009 and for restoration of the above suit. Prayer for condonation of delay which occurred in taking out this notice of motion is also made. 2. By the order dated 9th August 2009, the above suit was dismissed for non-prosecution. On the aforesaid date neither the plaintiff nor its advocate was present as earlier attorneys of the plaintiff on record, one Mr. J. M. Bhat retired from the profession and had shifted the residence, and his whereabouts were not known to the plaintiff, and therefore the plaintiff was not aware about the status of the suit. The above averment is not denied by the defendant by filing any reply to the present notice of motion. -: 2 :- In that view of the matter, I am of the opinion that the plaintiff has given sufficient cause for restoration of the suit. However, delay of more than 3 years has occurred in taking out the present notice of motion. The reason given in the affidavit-in-support of the notice of motion is that the plaintiff came to know about the dismissal order only in the month of September 2009. The reason is not convincing. However, in the interest of justice delay also deserves to be condoned subject to cost. 3. In the above facts and circumstances, the above notice of motion is allowed in terms of prayer clauses (a) and (b). Delay is condoned subject to payment of cost of Rs.3,000/-. The plaintiff shall pay cost of Rs.3,000/- to the Official Liquidator appointed on the defendant Company within the period of two weeks from today. (R.V. MORE, J.)