1 nms3281-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 3281 of 2009 in Suit No. 1445 of 2006 Surendrakumar C. Gupta & Anr. .. Plaintiffs v/s. Smt.Snehalata Prabhakar Datar & Ors. ..Defendants Ms.Mili V. Thakkar a/w. Girish Desai i/b. Rajan V. Thakkar & Ms.S.V.Thakkar for the Plaintiff. Mr.Gaurav Joshi i/b. M/s. DSK Legal for the Defendant No.5-Applicant Not on Board. Taken on board. CORAM : R.Y.GANOO, J. DATED : 24th November , 2010 P.C. : 1. Perused the motion. The motion is defective. It has no reference to the order passed by the Prothonotary & Senior Master directing that the suit to proceed without written statement. On the basis of this it is possible that if the motion is taken up for hearing it is likely to be dismissed. 2. On hearing this, learned Counsel for the defendant no.5 seeks liberty 2 nms3281-09.sxw to withdraw this motion with liberty to file fresh motion with appropriate reliefs and averments. 3. Motion is disposed of by passing following order. ORDER i) Motion is allowed to be withdrawn. Liberty is granted to the defendant no.5 to take out fresh motion with appropriate prayers and averments, on payment of cost of Rs.3000/- towards this motion. ii) Cost condition precedent for future motion to be taken out by the defendant. [R.Y.GANOO, J.]