1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.125 OF 2009 IN SUIT NO.2872 OF 2005 The Bengal Mill Stores Supply Company .. Plaintiff -versus U. B. Engineering Limited .. Defendant and Yusuf & Associates, .. Respondent Mr. B.A. Vora, for the Plaintiff. Neville Majra i/b Yusuf & Associates, advocates for the respondents. CORAM: R. G. KETKAR, J DATED: 11th September, 2009 P.C. 1. This Notice of Motion is taken out by the plaintiff for setting aside the order dated September 14, 2005, passed by Prothonotary and Senior Master in suit No.2872 of 2005, rejecting the plaint for non removal of office objections. 2. Notice of Motion was heard by this Court (D. G. 2 Karnik, J) on July 20, 2009. Considering the assertions made in the affidavit in support of Motion, this Court directed the plaintiff to implead previous advocate in the Motion. The plaintiff was further directed to serve copy of the Motion to him. The Advocate was directed to file reply to the allegations. Pursuant to that order, the plaintiff impleaded Yusuf and Associates, Advocates to this Motion. 3. On behalf of Yusuf & Associates, affidavit of Yusuf Iqbal Yusuf, partner of the said firm is made on September 2, 2009. It is set out therein that the case was handled by their Senior Partner Adv. Iqbal Muhammad Yusuf and he was suddenly hit by severe Brain Stroke arising out of the total basal artery thrombosis on April 21, 2009. He was hospitalized for nearly two months. He ultimately expired on August 28, 2009. 4. I have heard learned counsel for the parties. During the course of hearing learned counsel Mr. B.A. Vora, for the plaintiff submitted that on account of demise of Iqbal Muhammed Yusuf, they are not in position to disclose the steps taken by Shri. Iqbal Muhammmed Yusuf between 2005 and 2009. Considering these developments, in my opinion, in the 3 interest of justice, Motion deserve to be allowed in terms of prayer clauses (a) and (b) with no order as to costs. The Plaintiff is given four weeks time to remove office objections. 5. In case, plaintiff does not remove the office objections within four weeks from today, earlier order dated September 14, 2005, passed by Prothonotary & Senior Master, will stand restored. (R.G. KETKAR, J)