1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 70 OF 2008 IN SUIT NO. 2727 OF 1986. R.K. Agencies Ltd. ..Plaintiff. v/s. M/s. I.S. Redrier Erci B. Kromenn & Ors. ..Defendants. .... Ms. Manisha Paranjape, i/b. M/s. Khaitan & Jayakar, for Plaintiff. Mr. N.S. Sumnani, i/b. Bhatt & Saldhana, for Defendant Nos. 1 & 2. Mr. Sophia Mhavedkar, i/b. Mulla & Mulla, for Defendant Nos. 4 & 5. .... CORAM : S.J.KATHAWALLA, J. DATE : 27TH NOVEMBER 2009. P.C. This notice of motion is taken out for setting aside the order dated 5th December 2007 passed by this court [Coram : S.A. Bobde, J.] dismissing the above suit in default and for restoration of the suit. The reason given in affidavit in support of the notice of motion is that the day on which the suit is dismissed i.e. on 27th December 2007, the learned Advocate for the plaintiff was on his legs before another Court. By the time, the said Advocate reached the Court, the suit was dismissed in default. None of the defendants have filed any reply opposing the notice of motion though served. 2. Though this excuse cannot be treated as sufficient cause for not remaining present before the Court and the Advocate ought to have made alternate arrangements if he was busy before another 2 Court, only by way of indulgence and in order not to prejudice the case of the plaintiff for the fault of their Advocates, the order dated 5th December 2007 is set aside and the notice of motion is allowed in terms of prayer clause (a). 3. The learned Advocate for the plaintiff shall personally pay costs of Rs.5,000/- to the Maharashtra State Legal Aid Committee, High Court, Bombay. 4. Notice of motion is accordingly disposed of. [ S.J.KATHAWALLA, J. ]