IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.539 of 2008. NOTICE OF MOTION NO.539 of 2008. NOTICE OF MOTION NO.539 of 2008. IN IN IN SUIT NO.2936 of 2001. SUIT NO.2936 of 2001. SUIT NO.2936 of 2001. Chrispal Shipping Co. Pvt. Ltd. ..Plaintiff versus N.S.Guzder & Co. Ltd. ..Defendant Mr.Kedar Dighe for the Plaintiffs None for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 3rd December, 2008. DATED : 3rd December, 2008. DATED : 3rd December, 2008. P.C. 1. Affidavit of service is filed. Defendants are served. Nobody is present on behalf of the defendants. Heard learned Advocate for the plaintiffs. Perused order dated 23.1.2008. Suit came to be dismissed as both plaintiff’s employee and their advocate were absent. Affidavit in support of the motion states that the advocate for the plaintiffs could not remain present on account of some family difficulty and the employee of the plaintiffs could not remain present due to traffic jam. In the absence of affidavit in reply, the stand taken by the plaintiffs is required to be accepted and that the suit will have to be restored to the file of the Court. Hence the Order. -2- ORDER . Motion is made absolute in terms of prayer clause (a). . There shall be no order as to costs, . Suit restored to the file of this Court. . Suit to come up on the board in due course. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)