((-1-)) MST IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1062 OF 2007 IN SUIT NO.1694 OF 1989 Hemant Jamnadas Kara Plaintiff versus Mahendra Jamnadas Kara Defendant Mr.Vinayak Shitgaonkar i/by N.C.Dalal for plaintiff. Mr.D.H.Mehta a/w Mr.N.M.Shah for defendant. Mr.N.Raja present. CORAM : A.M.KHANWILKAR, J. DATE : 22nd August 2007 PC : 1. Heard counsel for the parties. Perused the pleadings including recent affidavit filed by the advocate N.Raja dated 22nd August 2007 who had appeared before the Court on 29th January 2007. After having considered all the relevant aspects which are on record, in the interest of justice, this Notice of Motion deserves to be allowed in terms of prayer clauses (a) and (b) on condition that defendants shall pay costs quantified at Rs.5,000/- (Rs.Five thousand only) to be paid to ((-2-)) MST the plaintiff within one week from today. Payment of costs is condition precedent for showing this indulgence. If costs is not paid within one week from today and acknowledgement thereof is not produced before the registry, office to proceed on the basis that this motion has been dismissed for non prosecution. However, if costs is paid in time, the written statement tendered on behalf of defendants be taken on record. Suit be then placed under caption "for framing of issues" on 6th September 2007 subject to above. (A.M.KHANWILKAR, J.)