: 1 : nms-4284-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4284 OF 2008 IN SUIT NO. 1321 OF 2001 The Board of Trustees of Port of Jawaharlal Nehru Trust .. Plaintiffs v/s. Renaissance Aqua Sports Pvt. Ltd. & Anr. .. Defendants ......... Mr. R.S. Bidkar i/by Advani & Co. for the plaintiffs in support of NMS Ms. S. Desa i/by Bhatt & Saldanha for defendant no.2. ......... CORAM : R.Y.GANOO, J. DATE : 12th OCTOBER, 2010 P.C. : 1. This motion is for restoration of the suit. The motion is not served upon defendant no.1 though Motion is of 2008. Hence, it will have to be dismissed so far as defendant no.1 is concerned. So far as defendant no.2 is concerned, on the basis of averments in the affidavit in support, it can be restored. Hence, following order is passed. : 2 : nms-4284-08=.sxw ORDER (i) Motion is dismissed for want of prosecution as against defendant no.1. (ii) Motion is made absolute in terms of prayer clauses (a), (b) and (c) so far as defendant no.2. is concerned. There shall be no order as to costs. (R.Y.GANOO, J.)