- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 4342 OF 2008 IN SUIT No. 2667 OF 1991 Ajay P. Shah ... Plaintiff Vs. Sultan Karim Mithani & Ors. ... Defendants *** Mr. Indu Prakash i/b C. K. Tripathi, for the Plaintiff. *** CORAM : S. J. VAZIFDAR, J. DATE : OCTOBER 5, 2009. PC :- 1. The defendants were absent on the previous occasion. Today also the defendants are absent. 2. From the affidavit in support it appears that there was some dispute between the plaintiff and his advocate and also a communication gap for a long period of time between them. There is nothing to suggest that the plaintiff has himself been negligent in prosecuting the suit. The fact that his Notice of Motion is dismissed does not indicate the same either. In the circumstances, the Notice of Motion is made absolute in terms of prayer Clauses (a) and (b). - 2 - 3. However, before the suit proceeds the plaintiff is directed to serve a copy of this order on the defendants.