FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of MOTION No.3928 of 2007 In SUIT NO.1984 OF 1980 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr S Shah with Ms Nina Kapadia i/b Pandya Gandhi & Co for the plaintiff. CORAM: D.B.Bhosale,J. DATED: 03.06.2008 P.C.: Heard learned counsel for the plaintiff. The plaintiff has taken out this Notice of Motion for condonation of delay and for setting aside the order dated 10.4.2001, by which Suit No.1984 of 1980 came to be dismissed for default on 10.4.2001. No interim relief, as submitted by learned counsel for the plaintiff, was ever granted in the suit in favour of the plaintiff. The suit is for specific performance of an agreement dated 1.2.1976. The plaintiff claims that he is in possession and occupation of the premises in respect of which the agreement was executed. From perusal of the affidavit in support of the Motion, it appears that earlier some other Advocates and Solicitors were on record for the plaintiff. In paragraphs 4 to 10 of the affidavit in support of the Motion, the plaintiff has stated in what circumstances the suit came to be dismissed for default and has shown the cause for condonation of delay in filing the notice of motion at a belated stage. The defendants, though served, have chosen to remain absent. They have not filed any reply opposing the prayer for condonation of delay and other prayers made in the Motion. In the circumstances, the delay in filing the Motion deserves to be condoned subject to payment of costs. Hence, I pass the following order. The Notice of Motion is made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.10,000/- to be paid to the High Court Legal Services Committee within a period of two weeks from today. The Motion is disposed of. (D.B.Bhosale, J.)