1 NM-139 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. Notice of Motion No.139 of 2010 IN Suit No.32 of 1994 IN Petition No.402 of 1992 Nilesh R. Patkar .. .. Plaintiff v/s. Prakash B. Raikar .. .. Defendant Ms.Vasudha Narvekar for Plff. Mr.Warerkar for Deft. ---- CORAM : SMT.ROSHAN DALVI, J. DATED : 9th December, 2010 P.C. : 1.The suit, which was dismissed and restored, has again been dismissed for default. This application is for its restoration. The Advocate for the Plaintiff has produced a draft Affidavit of examination-in-chief of the Plaintiff. She states that she has got the documents relied upon by the Plaintiff, a list of which has to be prepared. 2.On payment of costs fixed at Rs.2,000/- to be paid within two weeks and on filing the Affidavit of examination-in-chief of the plaintiff, the Affidavit of 2 NM-139 documents and the Affidavit of the attesting witness and giving a copy to the Defendant s Advocate also within two weeks, the suit shall be restored to file. If these conditions are not complied, the suit shall stand dismissed. 3.The suit is adjourned to 12 th January 2011 to consider the admissibility of the documents of the Plaintiff if the aforesaid conditions are complied. (SMT.ROSHAN DALVI, J.)