1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 966 OF 2010 IN SUIT NO. 1047 OF 1980 Smt. Laila w/o I.A. Bharucha & Ors. .. Plaintiffs V/s Nirmala Kantilal Shah & Anr. .. Defendants Mr. R.S. Ghadge with Mr. Hatim i/b Nandlal Kothari & Sabir for the plaintiffs. Mr. Prakash G. Lad for defendant no.1. Mr. D.W. Bhosale for defendant no.2. CORAM : D.G. KARNIK, J. DATE : 20th APRIL 2010 P.C. : 1. Heard counsel for the parties. 2. By this motion, the plaintiffs pray for recalling/setting aside the order dated 31st March 2010 passed by me dismissing the suit under Order 9 Rule 8 of the Code of Civil Procedure. 3. Though I am not satisfied entirely about the reasonableness of the cause for the absence, in the interest of justice, the order dated 31st March 2010 is set aside subject to 2 payment of costs of Rs.5,000/- as a condition precedent. Costs shall be deposited in the Court within a week. Rs. 2,500/- are allowed to be withdrawn by the defendant no.1 and Rs.2,500/- are allowed to be withdrawn by the defendant no.2 or their respective counsel. If the costs are not deposited within a week, the motion shall stand dismissed. On deposit of the costs, the motion shall be made absolute in terms of prayer (a). 4. Liberty to take out fresh motion for interim relief. (D.G. KARNIK, J.)