1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.291 OF 2008 IN SUIT NO.1940 OF 1985 Smt. Bhanaridevi L. Vanigotta ....Plaintiff V/s. Shri Nemichand M. Bafna And ors ....Defendants Mr. A. K. Saxena a/w Mr. Kamlesh Tiwari, for the Plaintiff. Mr. B. N. Vaishnawa a/w Mr A. B. Dubey i/b M/s Bharat Vaishnawa & Co. for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 25 th NOVEMBER, 2009. P.C. :- 1. This is the Defendant’s Notice of Motion for an order discharging the Court Receiver on the ground that the suit stands dismissed. I have by a separate order, passed today in the Notice of Motion No.621 of 2008, however, set aside the dismissal of the suit subject to the Plaintiff paying costs as stated therein. 2. In the circumstances the Notice of Motion is disposed of by the following order:- ORDER I) In the event of the Plaintiff complying with the order passed in the Notice of Motion No.621 of 2008, this Notice of Motion shall stand dismissed without further orders. 2 II) However, in the event of the Plaintiff failing to comply with the said order in the Notice of Motion No.621 of 2008, this Notice of Motion is made absolute in terms of prayers (a) and (b) without further orders.