IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4316 of 2008. NOTICE OF MOTION NO.4316 of 2008. NOTICE OF MOTION NO.4316 of 2008. IN IN IN SUIT NO.2105 of 1992. SUIT NO.2105 of 1992. SUIT NO.2105 of 1992. Prakash Nenumal Wadhwani & Anr. ..Plaintiffs versus Kanhaiyalal Nenumal Wadhwani & Others ..Defendants M/s. Kranti Hiwale i/b. P.G.Lad for the plaintiffs Ms.J.M.Sidhwa i/b. Pandya Gandhi & Co. for the defendants CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 4th March, 2009. DATED : 4th March, 2009. DATED : 4th March, 2009. P.C. . This Notice of Motion is taken out for setting aside Order dated 25.9.2007, passed by the Prothonotary & Senior Master dismissing the suit against defendant Nos.3 to 6. Delay of 10 years is sought to be condoned by prayer clause (b). . I have heard learned Advocate for the plaintiffs. The plaintiffs admit in the affidavit in support of the notice of motion that at one stage the papers were returned to him i.e. to the plaintiff No.1 who is the deponent of the affidavit. In the affidavit in support no explanation is coming forth as to what steps he -2- took to attend to the matter, except that he had handed over the papers to learned Adv. Mr.Kulkarni. The affidavit is silent as to what steps he took after the papers were handed over to Mr.Kulkarni. Having considered the entire affidavit, I am inclined to observe that the delay of 10 years is not properly explained. Even otherwise no mention is made as to why no quick steps were taken to serve the motion upon the defendants. . This clearly shows that the plaintiffs were not interested in prosecuting the suit atleast so far as defendant Nos.3 to 6 are concerned. No case is made out for setting the Order passed by the Prothonotary & Senior Master. Hence the motion will have to be dismissed. Hence the Order. ORDER Motion is dismissed with no order as to costs. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)