1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2329 OF 2005 IN SUIT NO.1014 OF 1982 M/s.Bombay Dye-chem Industries ..Plaintiff V/s. Sajjan Chemicals Pvt. Ltd. ..Defendant Ms.Suchitra Patra, Advocate, for the plaintiff None for the defendant CORAM : R.M.SAVANT, J. DATE : 12TH NOVEMBER, 2008 P.C. . The above Notice of Motion has been filed by the applicant/plaintiff for setting aside the Order dated 1st July, 2005, dismissing the suit under Order IX, Rule 8 of the Code of Civil Procedure, 1908. The said suit was dismissed as none had appeared for the plaintiff as well as the defendant. 2 2. The reasons for the non-appearance of the advocate for the plaintiff on the said date have been mentioned in the affidavit in support of the Motion. In the above suit the Written Statement has been filed and issues have been framed. 3. Inspite of service of the Motion on the defendant, none appears for the defendant. The Notice of Motion is, therefore, allowed in terms of prayer clause (a). The suit is resultantly restored to file. The plaintiff to pay costs of Rs.2000/- to be deposited with the Maharashtra Legal Services Authority within a period of four weeks from date. The restoration of the suit is conditional on the payment of the said costs. In the event, the said costs are not paid, the benefit of this order would not ennure to the plaintiff. (R.M.SAVANT, J.)