1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.3234 OF 2005 MOTION NO.3234 OF 2005 MOTION NO.3234 OF 2005 IN IN IN SUIT SUIT SUIT NO.1833 NO.1833 NO.1833 OF 2000 OF 2000 OF 2000 Prithviraj Prithviraj Prithviraj Pyarelal Pyarelal Pyarelal Bhatia & ors .. Plaintiff Bhatia & ors .. Plaintiff Bhatia & ors .. Plaintiffs vs vs vs Govind Govind Govind Dhondu Shinde & ors.. Dhondu Shinde & ors.. Dhondu Shinde & ors.. Defendants Defendants Defendants Mr.S.K.Dubey Mr.S.K.Dubey Mr.S.K.Dubey for for for Plaintiffs Plaintiffs Plaintiffs Mr.R.D.Dave Mr.R.D.Dave Mr.R.D.Dave for Defendants. for Defendants. for Defendants. CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATE DATE DATE : : : 2nd April, 2007 2nd April, 2007 2nd April, 2007 P.C. P.C. P.C. 1.1.1. Although the plaintiffs seeks restoration of Although the plaintiffs seeks restoration of Although the plaintiffs seeks restoration of the the the two two two matters however, the defendants haverightly matters however, the defendants haverightly matters however, the defendants haverightly pointed pointed pointed out that order dated 14th July, 2005 out that order dated 14th July, 2005 out that order dated 14th July, 2005 pertains pertains pertains to Notice of Motion No.613 of 2005. In to Notice of Motion No.613 of 2005. In to Notice of Motion No.613 of 2005. In the the the circumstances, by way of indulgence, this circumstances, by way of indulgence, this circumstances, by way of indulgence, this motion motion motion is made absolute by setting aside the order is made absolute by setting aside the order is made absolute by setting aside the order dated dated dated 14th July, 2005 passed in Notice of Motion 14th July, 2005 passed in Notice of Motion 14th July, 2005 passed in Notice of Motion No.613 No.613 No.613 of 2005 only. In other words, Notice of of 2005 only. In other words, Notice of of 2005 only. In other words, Notice of Motion Motion Motion No. 613 of 2005 is restored which in turn No. 613 of 2005 is restored which in turn No. 613 of 2005 is restored which in turn will will will be be be decided on its own merits. This indulgence decided on its own merits. This indulgence decided on its own merits. This indulgence isisis shown on the plaintiff paying costs quantified shown on the plaintiff paying costs quantified shown on the plaintiff paying costs quantified atatat Rs.5000/- to the High Court Legal Services Rs.5000/- to the High Court Legal Services Rs.5000/- to the High Court Legal Services Authority. Authority. Authority. To be paid within one week from today. To be paid within one week from today. To be paid within one week from today. 2.2.2. On payment of costs the restored notice of On payment of costs the restored notice of On payment of costs the restored notice of motion motion motion be placed for hearing as per its turn under be placed for hearing as per its turn under be placed for hearing as per its turn under 2 appropriate appropriate appropriate caption as soon as it is ready in all caption as soon as it is ready in all caption as soon as it is ready in all respects. respects. respects. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)