1 10 nms 3557.2006.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srk NOTICE OF MOTION NO. 3557 OF 2006 IN SUIT NO. 1130 OF 1988 Haria Exports (Pvt.) Ltd. ..Plaintiff. vs. State Trading Corporation of India Ltd. ..Defendant. .... Mr. Avinash D Kango for the plaintiff. Mr. D.G. Dhanure i/b Juris Consultas STC for the defendant. .... CORAM : D.G. KARNIK, J. DATE : 29TH APRIL, 2010 P. C. 1. This notice of motion is taken out by the plaintiff for setting aside the order of dismissal of the suit by condoning the delay of 70 days in filing the notice of motion. Though the notice of motion was served on the defendant firstly in the year 2006 and secondly on 30th July, 2009, no affidavit in reply has been filed. Hence, the statements made in affidavit in support of the notice of motion are deemed to be accepted. 2 10 nms 3557.2006.doc 2. For the reasons stated in the affidavit in support of the notice of motion, the delay is condoned and the notice of motion is allowed in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.3,000/- as a condition precedent. Costs shall be paid on or before 7th June, 2010 to the defendant and receipt be produced in the office on or before 10th June, 2010 or in the alternative costs may be deposited in the court on or before 7th June, 2010 and receipt be produced. If the costs are not paid/deposited before 7th June, 2010 the notice of motion shall stand dismissed without further reference to the Court. If the costs are deposited, the defendant is permitted to withdraw the same. [ D.G. KARNIK, J. ]