FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.4908 of 2007 In SUIT NO.3306 OF 1996 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr R.K.Desai, for the plaintiffs. Mr Brijeshkumar i/b Purnand & Co for the defendants. CORAM: D.B.Bhosale,J. DATED: 03.06.2008 P.C.: Heard learned counsel for the parties. The plaintiffs have taken out this notice of motion for setting aside the order dated 31.10.2007 dismissing the suit for nonprosecution. The order dated 31.10.2007 reads thus: "The learned Advocate for the plaintiffs states that the plaintiffs have taken away the papers from the said Advocate and they have not contacted the Advocate thereafter. He, therefore, seeks permission to withdraw his appearance. It is obvious that the plaintiffs are not interested in prosecuting the suit. Hence, dismissed for nonprosecution." I perused the affidavit dated 18.10.2007 filed in support of the motion in Suit No.3306 of 1996. The suit was filed by another Advocate who withdrew his appearance for want of instructions. This court is informed that in the suit an unconditional leave had been granted by this court to the defendants and they had also filed their written statement. Keeping that in view and for the reasons stated in the affidavit, this motion is made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.5000/- to be paid to the defendants within a period of two weeks from today. The Motion is disposed of. Suit to come up on board for direction after four weeks. (D.B.Bhosale, J.)