1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3293 OF 2005 IN SUIT NO.850 OF 1984 Mrs.Rekha Hiralal Dhotre. ...Plaintiff. vs. 1.Hiralal Dhondiba Dhotre & another. ...Defendants. --- Mr.U.Mahajan i/b. Mr.Divekar, for plaintiff. Mr.Patwardhan with Mrs.S.M.Dandekar, for defendants in support. CORAM: D.K.DESHMUKH,J. DATED: 13th June,2007. P.C.:- 1. This outright frivilous and unnecessary notice of motion has been taken out by the defendants. The issue whether the suit is 2 maintainable because the firm is not registered, has been raised. I have been informed that the Commissioner for recording evidence has been appointed. At this stage, this notice of motion has been filed. When I asked the learned Counsel to point out the provisions of law which bars institution of suit for dissolution of unregistered firm, the learned Counsel is not able to point out any provisions of law. It goes without saying that such notice of motion is liable to be dismissed at the threshold, but the tendency of the litigant of taking out such notice of motion which results in unnecessarily wasting valuable time of the Court as also the time of the office as also the time of the plaintiff, has to be discouraged. Therefore, in my opinion, substantial cost has to be imposed on the defendants for taking out this notice of motion. The notice of motion is therefore, disposed of. The defendants are directed to pay as and by way of cost of this notice of motion Rs.10,000/- to the plaintiff. Payment of cost is condition precedent for the defendants to participate in the trial of the suit. 3 ---