1 ms4291-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 4291 of 2008 in Suit No. 804 of 1983 Bank of India .. Plaintiffs v/s. Hotel Suresh & Others ..Defendants Ms.Pratibha Mehta i/b. Little & Co. for the Plaintiffs. Mr.Y.S.Abhyankar for the Defendant Nos.1 and 2 CORAM : R.Y.GANOO, J. DATED : 7th December , 2010 P.C. : 1. This motion is taken out for setting aside the order dated 10.11.2008 dismissing the suit. 2. Heard Counsels on both sides. The evidence affidavit and compilation of documents was not filed and therefore suit came to be dismissed. By way of indulgence, I am inclined to set aside the order and grant time to plaintiffs for filing evidence affidavit and compilation of documents by putting plaintiffs to terms in the nature 2 ms4291-08.sxw of cost which is fixed at Rs.20,000/- and by passing a conditional order. 3. If on the next date, the plaintiffs fails to file evidence affidavit and compilation of documents, suit shall stand dismissed without further orders from the court. Hence following order is passed to dispose of the notice of motion. ORDER i. Order dated 10.11.2008 dismissing the suit is set aside. ii. Plaintiffs to file evidence affidavit and compilation of documents directly in the office on or before 5.1.2011. Copy of the same be served upon the advocate for the defendants on or before 30.12.2010. Suit is adjourned to 5.1.2011 for recording of evidence. Iii. Plaintiffs to pay to defendant nos.1 and 2 cost of Rs.20,000/- ( Rupees Twenty Thousand Only). iv. If the evidence affidavit and compilation of documents is not 3 ms4291-08.sxw filed on or before 5.1.2011, suit shall stand dismissed without further reference to the court. v. If the evidence affidavit is filed on or before 5.1.2011, the plaintiffs may move the court for fixing the date of hearing. [R.Y.GANOO, J.]