1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3589 OF 2010 IN NOTICE OF MOTION NO.4376 OF 2009 IN SUIT NO.2276 OF 2009 M/s.Om Enterprises Plaintiff versus The Collector (ULC) Greater Mumbai Defendant Mr.U.S.Agarwal i/by Divya Shah Associates for plaintiff. Ms.Geeta Shastri, AGP for defendant nos.1 to 4. Mr.Ashish Mehta for defendant no.5. CORAM : S.J.KATHAWALLA, J. DATE : 18th March 2011 PC : 1. By this Notice of Motion the defendant no.5 prays that the order dated 19th November 2010 passed by this Court dismissing Notice of Motion No.4376 of 2009 taken out by the defendant no.5 be set aside and the Notice of Motion No.4376 of 2009 be restored to the file and be placed for hearing and final disposal. For the reasons set out in paragraph nos.4 to 11 of the affidavit in support of the Notice of Motion, I am satisfied that the plaintiff has shown sufficient cause for restoration of the Notice of Motion. However, this has caused inconvenience to the plaintiff. The Notice of Motion is therefore allowed in terms of prayer clause (a) with a direction to the defendant no.5 to pay costs of Rs.5,000/- to the advocate for the plaintiff. The learned advocate for the defendant no.5 undertakes to pay costs of Rs.5,000/- to the advocate for the plaintiff within one week from today. The undertaking is accepted. Place the Notice of Motion No. 4376 of 2009 for hearing and final disposal on 28th April 2011. (S.J.KATHAWALLA, J.)