IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3317 OF 2003 IN SUIT NO.529 OF 1979 Devidayal Sales P.Ltd. ..Plaintiffs Vs. The State of Maharashtra ..Defendants Ms.Rupal Narialwala i/b Gordhandas and Fozdar for the plaintiffs Mr.Denzil D’Mello, A.G.P. for the defendants CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 1ST MARCH, 2006 DATED : 1ST MARCH, 2006 DATED : 1ST MARCH, 2006 P.C.: . The present motion is taken out for setting aside an order dt.11.9.03 passed by the learned single Judge dismissing the suit for non-prosecution. For the reasons set out in affidavit in support I grant the prayer clause (a) and (b). However, plaintiff is directed to pay cost quantified at Rs.10,000/- to the defendants. If cost is not paid, motion to stand dismissed. Motion disposed of accordingly. no order as to costs.