: 1 : nms-4173-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4173 OF 2008 IN SUIT NO. 2575 OF 1986 Shree Varun Trading Co. .. Plaintiffs v/s. Jaipur Syntex Ltd. & Anr. .. Defendants ......... None for the plaintiffs ......... CORAM : R.Y.GANOO, J. DATE : 3rd FEBRUARY, 2011 P.C. : 1. Perused last Roznama. Nothing is placed before the Court to show that this motion is served upon defendant no.1. Today, nobody is present on behalf of the plaintiffs. Motion is dismissed for want of prosecution with no order as to costs. (R.Y.GANOO, J.) : 2 : nms-4173-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4173 OF 2008 IN SUIT NO. 2575 OF 1986 Shree Varun Trading Co. .. Plaintiffs v/s. Jaipur Syntex Ltd. & Anr. .. Defendants ......... Mr. Kamlesh P. Mali None for the plaintiffs in support of NMS. ......... CORAM : R.Y.GANOO, J. DATE : 3rd FEBRUARY, 2011 P.C. : 1. Few minutes back I had dismissed the motion for want of prosecution on account of absence of the concerned advocate. At about 4.27 p.m. Mr. Mali mentioned the matter for restoration of the motion on the ground that when the matter was called out, he was busy in other Court. Since the request for restoration is made during the course of the day, I am inclined to restore the motion to the file of the Court. : 3 : nms-4173-08=.sxw 2. Hence, earlier order passed for dismissing the motion is set aside. Mr. Mali to inform this order to the advocate for other side. Returnable date in the motion is extended to 28th February, 2011. Plaintiffs to serve all the defendants who are not served up till now and file affidavit of service on 28th February, 2011. Adjourned to 28th February, 2011. (R.Y.GANOO, J.)