1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 1819 of 2011 in Suit No. 4577 of 2000 Meena Ramesh Lulla & Others .. Plaintiff v/s. Omprakash N.Alreja & Others ..Defendants Ms.Prachi Bhutekar i/b. M.P.Joshi Associates in support of Notice of Motion for the Plaintiff. Mr.Sandeep Kumar i/b. H.H.Nagi for the Defendant No.2 Mr.D.S.Paranjpe for the Respondent Nos.1 to 3 CORAM : R.Y.GANOO, J. DATED : 25th August, 2011 P.C. : 1. By this motion the plaintiffs want that delay of 160 days in filing this motion should be condoned. They also want that Order dated 22.1.2008 passed by the Prothonotary & Senior Master dismissing the above suit for default be set aside. 2. The order shows that writ of summons is not served. The suit came 2 to be filed in the year 2000. The stage of dismissal of the suit for non service and writ of summons itself reached after about 8 years i.e. in January 2008. Even on that day, nobody appeared before the Prothonotary & Senior Master. Plaintiffs have not taken steps promptly to see that the writ of summons is served. They allowed the period of 8 years to lapse for the Court to look into the papers and pass Order of dismissal. Explanation given in the affidavit cannot be accepted. It is not the case where the court should indulge. Motion is required to be dismissed. Hence Motion is dismissed. There shall be no order as to costs. [R.Y.GANOO, J.]