1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. APPEAL NO.367 OF 2003 IN SUIT NO.2081 OF 1982 Smt.Sharadadevi S. Bidawatka Appellant vs. M/s.Indian Silk Mfg.Co.Pvt.Ltd. Respondents Mr.P.P. Prabhu for the Appellant. Mr.J. George i/b.Mr.Raj Baid for the Respondents. CORAM : DR.S.RADHAKRISHNAN & ANOOP V. MOHTA,JJ. DATED : 14th January 2008 ORAL JUDGMENT (Per Dr.S.Radhakrishnan,J.): Heard the learned counsel for the Appellant and the learned counsel for the Respondents. 2. By this Appeal, the Appellant/Plaintiff challenges the Judgment and Decree dated 17th January, 2003 passed by the learned Single Judge whereby Suit No.2081/1982 has been dismissed for non-prosecution. 3. The learned counsel for the Respondents/Defendants Mr.George states that the written statement was in fact sworn and declared on 18th July, 1986, copy whereof has already been furnished to the learned counsel for the Appellant. Mr.George, the learned counsel for the Respondents has no objection whatsoever for restoration 2 of the above Suit for being heard on merits. 4. Under the aforesaid facts and circumstances and in the interest of justice, the impugned Judgment and Decree dated 17th January, 2003 whereby the Suit was dismissed for non-prosecution stands set aside. The Written statement dated 18th July, 1986 filed by the defendant is taken on record and the same be placed in the original Suit No.2081/1982. Office is directed to place the same in the original proceedings. Suit be placed on board for direction before the appropriate Court for final disposal of the same. 5. Appeal is accordingly allowed in the above terms. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.] [DR.S.RADHAKRISHNAN, [DR.S.RADHAKRISHNAN, [DR.S.RADHAKRISHNAN, J.] J.] J.]