:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.749 OF 2006 IN SUIT NO.1837 OF 1994 Ratnakar Bank Ltd. ..Plaintiffs. Vs. Shwetank Hukumchand Jain & Ors. ..Defendants. Mr.U.Mahajan i/b.M/s.Divekar & Co. for the Plaintiffs. Mr.Pankaj Shah for Defendant Nos.1 and 2. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 10TH JULY, 2007 DATED : 10TH JULY, 2007 DATED : 10TH JULY, 2007 P.C. : P.C. : P.C. : This is a usual bank suit for the recovery of a sum of about Rs.13,57,000/- together with interest and for enforcement of securities. 2. From the affidavit in support, it is clear that the Plaintiffs were not negligent in prosecuting the suit. The suit came to be dismissed due to the communication gap with the Advocates. 3. The delay in taking out this Notice of Motion is also attributed to the fact that the Plaintiffs were unaware of the dismissal till recently. :2: 4. In the circumstances, the Notice of Motion is made absolute in terms of prayers (a) to (c). 5. The Plaintiffs shall pay the costs of this Notice of Motion fixed at Rs.2500/- to the Maharashtra State Legal Services Authority within eight weeks from today.