1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.999 OF 2007 IN SUIT NO.721 OF 1999 M. M. Corporation others .. Plaintiffs -versus Pravinchandra H Galia .. Defendant. Mr S. B. Pawar i/b S. K. Legal Associates, for the plaintiffs. Mr. Vinod Pandey i/b M G. Gawade, for the defendant. CORAM: R. G. KETKAR, J. DATED:18 th September, 2009. P.C. 1. This Notice of Motion is taken by the Plaintiffs for setting aside the order dated January 31, 2007, passed by the Prothonotary and Senior Master, whereby suit was dismissed, as the plaintiffs and their advocates were absent. The order also records that there was nothing on record to show whether the defendant has been served or not. Eventually suit was dismissed for default. 2. In addition the plaintiffs are also seeking condonation of delay of 12 days in taking out this Notice of 2 Motion. On behalf of defendant Mr.Pravinchandra H. Galia, has made an affidavit dated April 16, 2007 registering the motion. 3. I have heard learned counsel for the parties. For the reasons set out in the Notice of Motion, I deem it appropriate, in the interest of justice to allow Motion in terms of prayer clause (a) and (b) subject to payment of costs of Rs.5,000/- to the defendant. Costs of Rs.5,000/- shall be paid within four weeks from today. In case, plaintiffs pay costs of Rs.5,000/- within stipulated time, order dated January 31, 2007, shall stand set aside. If the costs are not paid within four weeks, the order dated January 31, 2007 passed by Protohonotary and Senior Master shall stand revived. (R.G. KETKAR, J)