1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2587 OF 2009 IN SUIT NO.1515 OF 2008 Ramaswami Krishnamurthy & Ors .... Plaintiffs. V/ Chandreshkant D. Thakkar & Ors. .... Defendants. Mr. Zal Andhyarujina with Mr. Rajesh Thakkar i/b M/s. K. Ashar & Co. for plaintiffs. Mr. Vishal Thakkar i/b M.P. Savla for defenant No.1. Mr. K.B. Nambiar for defendant Nos. 6 and 7. CORAM: V.M. KANADE, J. DATE : 29TH JULY, 2009 P.C:- 1. Plaintiffs shall give a copy of affidavit in lieu of evidence and copy of affidavit of documents on which they rely to the defendants. 2. Suit was dismissed for want of prosecution on 20/7/2009 since the affidavit of evidence was not filed on that date. Counsel for plaintiffs submits that, initially, affidavit in lieu of evidence was tendered by plaintiffs and the said affidavit of evidence is already on record. It is submitted that in order to 2 curtail some of the documents and reduce the evidence, the additional affidavit in lieu of evidence was to be tendered. This fact, however, is disputed by the learned Counsel appearing on behalf of defendants. But the fact remains that affidavit of evidence is already filed and it is on record. In view of this, notice of motion is allowed. Suit is restored to the file. Interim orders passed by this Court also shall stand restored. 3. Plaintiffs have now tendered additional affidavit in lieu of evidence. Plaintiffs shall give copy of the additional affidavit in lieu of evidence to defendants during the course of the day. 4. Stand over for one week. (V.M. KANADE, J.)