:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 440 OF 2008 OF MOTION NO. 440 OF 2008 OF MOTION NO. 440 OF 2008 IN IN IN SUIT SUIT SUIT NO.1563 OF NO.1563 OF NO.1563 OF 1998 1998 1998 Jayantilal Purnamal Agrawal & Ors. ... Plaintiffs. V/s. M/s. Smiley Gonsalves & Ors. ... Defendants. Mr. Arun H. Palekar for the Plaintiffs. Mr. G.S. Bhat for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 04TH 04TH 04TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . Heard learned Counsel for parties. Perused the Notice of Motion and the affidavit in support. 2. For the reasons set out in the affidavit in support, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). However, Defendant No.3 to pay costs quantified at Rs.2,500/- to the Plaintiffs. The costs to be paid within a period of two weeks from today. After the costs are paid and proof is produced, the Written Statement be taken on record. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)