1 nms3946-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.3946 of 2008 in Suit No. 3593 of 1992 Modi Peripherals Pvt. Ltd. .. Plaintiffs v/s. Chattisgarh Computer Syndicate & Others ..Defendants Mr.S.M.Kazi for the Plaintiff. Mr.Rupesh Lanjekar i/b. A.G.Dande for the Defendant No.2 CORAM : R.Y.GANOO, J. DATED : 9th February, 2011 P.C. : 1. Heard learned Counsel on both sides. This motion was taken out for setting aside Order dated 21.10.2008 passed by this Court dismissing the above suit. Perused the order dated 21.10.2008. This suit is of 1992. No steps were taken to serve defendant nos.1 and 2 till the time of passing of the order. The suit was also dismissed so far as defendant no.3 is concerned. 2. Learned Counsel appearing for the plaintiffs drew my attention to the 2 nms3946-08.sxw affidavit in support of the notice of motion and in particular para 16 where the Director of plaintiffs, a private limited company, states that from 1999 he shifted to Jabalpur and he was unable to attend to the matter as he was not well. This explanation can’t be treated as good explanation because the plaintiff is a private limited company and atleast a clerk from the said company could have attended to the matter. He could have talked to the Advocate to take steps. The Director is not personally required to attend to each and every matter concerning the company. In my view, the reasons given for restoration of the suit cannot be accepted. The conduct of the plaintiffs is indolent. Hence the motion is required to be dismissed. Hence the order. ORDER Motion is dismissed with no order as to costs. [R.Y.GANOO, J.]