: 1 : nms-4282-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4282 OF 2008 IN SUIT NO. 578 OF 2001 The Board of Trustees of Jawaharlal Nehru Port Trust .. Plaintiffs v/s. Sewa Medicals Ltd. & Anr. .. Defendants ......... Mr. R.S. Bidkar i/by Advani & Co. for plaintiffs in support of NMS. None for the defendants. ......... CORAM : R.Y.GANOO, J. DATE : 5th OCTOBER, 2010 P.C. : 1. This motion is taken out for restoration of the suit which was dismissed on 18th June, 2008. The plaintiffs have not served defendant no.1. A Packet was sent to defendant no.1 however, it came back with the remark ‘left’. This happened in 2001. Thereafter, no steps have been taken to serve the proceedings upon defendant no.1. In view of this, it is clear that plaintiffs are no interested in prosecuting this motion against defendant no.1. It will have to be dismissed against defendant no.1. So far as defendant no.2 is concerned, affidavit of service is filed. : 2 : nms-4282-08=.sxw Despite service, defendant no.2 has remained absent. Looking to the affidavit in support, I am inclined to allow the motion as against defendant no.2. Hence, following order is passed to dispose of the notice of motion. ORDER (i) Notice of Motion is dismissed for want of prosecution as against defendant no.1. There shall be no order as to costs. (ii) Notice of motion is made absolute in terms of prayer clauses (a) and (b) with reference to defendant no.2. There shall be no order as to costs. (iii) Suit to come up in usual course. (R.Y.GANOO, J.)