1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3715 OF 2009 IN SUIT NO.1189 OF 1983 Ratan Dinshaw Surveyor .. Plaintiff versus Westcoast Builders Pvt Ltd & Anr. .. Defendants Ms.D.S.Retiwala for plaintiff. Mr.H.Doctor for defendant No1. Ms.S.D.Nanavati i/by D.H.Nanavati for defendant No.2. CORAM : R.S.MOHITE, J. DATE : 14th June 2010. P.C.: . This is a notice of motion for setting aside an order dated 7th August 2009 dismissing the suit. The order indicates that the records were not traceable and were subsequently found to be lost. The parties were given an opportunity to reconstruct the record. On 7th August 2009 none was present and therefore the suit was dismissed for want of prosecution. The advocate for the plaintiffs state that erstwhile advocate for the plaintiffs returned the papers some time in June-July 2009 and in such circumstances their advocate was not present on 7th August 2009. It is contended that the plaintiff is a senior citizen aged 86 years and in 2 such circumstances it is prayed that a lenient view be taken of his absence. It is also found that the copy of the plaint has been furnished and is on record. In the circumstances, I am inclined to allow notice of motion subject to payment of heavy costs. The notice of motion is allowed in terms of prayer clauses (a) and (b) subject to payment of costs of Rs. 10,000/- which will be payable to defendant No.1 through his advocate within a period of four weeks from today. Defendant No.1 to furnish a copy of the written statement filed by them for the purpose of reconstructing the record on or before the next date. At the insistance of the counsel for the defendants, it is directed that in case they cannot find their written statement, they will be at liberty to file a fresh written statement. It is clarified that suit stands restored. Notice of motion is disposed of. (R.S.MOHITE, J)