1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1623 OF 2007 IN SUIT NO.3987 OF 1993 Rajnikant M. Patel & Ors. ... Plaintiffs - versus - Rajendra Ambalal Jhaveri & Ors. .. Defendants and Rajendra Ambalal Jhaveri & Ors. .. Plaintiffs to the counter claim and defendants to the suit. - versus - Rajnikant M. Patel & Ors. .. Defendants to the counter claim and plaintiff Nos. 1 to 6 and Defendant Nos. 4 to 9 respectively to the suit. None for the plaintiffs. Mr. M.U.Pandey for defendant Nos. 1to 3. Mr. S.G. Lakhani for the Defendants No. 4 to 6 and 8. 2 CORAM: R. G. KETKAR, J. DATED: 9th October, 2009. P.C. 1 This Notice of Motion is taken out by the plaintiffs for modification of order dated 15th September, 2005 passed by this court (Mr. S.U. Kamdar, J.) in Notice of Motion No. 571 of 2003 to the extent of relieving the plaintiffs from the undertaking. The plaintiffs have given undertaking to this court. 2 The Notice of Motion was listed before me on 11th September, 2009 when none appeared for the plaintiffs. The hearing of the Motion was adjourned to 25th September, 2009. On 25th September, 2009 none appeared for the plaintiffs and it was adjourned for dismissal to 9th October, 2009 i.e. today. Even today none appears for the plaintiffs. It seems that plaintiffs are not serious in prosecuting this matter. In the result, the Notice of Motion is dismissed for default. (R.G. KETKAR, J)