NMS-3346/09 IN S.773/07 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3346 OF 2009 IN SUIT NO.773 OF 2007 Asmabegum Co-op Housing Society Ltd .. Plaintiff versus M/s.Atul Builders & Ors. .. Defendants Ms.Snehal More i/by R.O.Pathak & Associates for the plaintiff. Mr.R.M.Vasudeo for defendant Nos.1 and 2. Mr.H.C.Pimple for defendant Nos.5 and 6. CORAM : R.S.MOHITE, J. DATE : 2nd August 2010. P.C.: . This is a notice of motion for restoring the Notice of Motion No.1043 of 2007 in Suit No.773 of 2007 which has been dismissed for non prosecution on 13th August 2009. It is seen that on that day this Court has recorded that the notice of motion was on board on 12th August 2009 and since none appeared for the plaintiffs it was adjourned to 13th August 2009. Since on this date also none appeared for the plaintiff, the notice of motion was dismissed for non prosecution. In so far as non appearance of the advocate is concerned, I would not like the plaintiff which is a society to suffer. The NMS-3346/09 IN S.773/07 2 plaintiff is a society and the authorised person who has filed this motion has contended that he was not well. He has annexed the doctor’s certificate. A reply dated 1st October 2009 is filed which deals with the case on merits. The sickness of the applicant is denied. Be that as may be. In the circumstances, I am inclined to allow this notice of motion with costs. Notice of Motion is, therefore, allowed subject to payment of costs of Rs.5,000/- as condition precedent and it will be payable to defendant Nos.1 and 2 through their advocates. The costs will be paid within two weeks and since the payment of costs is condition precedent, if the costs is not paid within two weeks the notice of motion will be deemed to have been dismissed. Notice of motion is disposed of. (R.S.MOHITE, J)