1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 63 OF 2008 IN SUIT NO. 3604 OF 1996. Bank of Baroda. ..Plaintiff. v/s. Ghanshyambhai M. Patel. ..Defendant. .... Ms. Priya Jadhav, i/b. Jayesh Patel, for Plaintiff. .... CORAM : S.J.KATHAWALLA, J. DATE : 27TH NOVEMBER 2009. P.C. By this notice of motion, the plaintiff-bank seeks condonation of delay of 46 days in taking out the notice of motion and for setting aside the order dated 23rd October 2007 dismissing suit no. 3604 of 1996 and restoration of the suit. The suit was dismissed in default since none appeared for the plaintiff. The defendant and their Advocates were also not present. 2. The reason given for non-appearance of the plaintiff’s Advocate is that the spelling of the Advocate, Mr. Jayesh Patel was wrongly shown as “Jaayesh Patel”. The explanation given cannot be accepted. However, only by way of indulgence and in order not to prejudice the case of the plaintiff for the fault of their Advocates, the notice of motion is allowed in terms of prayer clauses (a) and (b). 3. The learned Advocate appearing for the plaintiff shall 2 personally pay costs of Rs.5,000/- to the Maharashtra State Legal Aid Committee, High Court, Bombay, within a period of two weeks from today. The learned Advocate appearing for the plaintiff shall also give notice to the defendant informing them that the above suit which was dismissed in default by an order dated 23rd October 2007 has been restored to file. 4. Notice of motion is accordingly disposed of. [ S.J.KATHAWALLA, J. ]