- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.3334 OF 2007 OF MOTION NO.3334 OF 2007 OF MOTION NO.3334 OF 2007 IN IN IN SUIT SUIT SUIT NO.802 OF 1995 NO.802 OF 1995 NO.802 OF 1995 The Board of Trustees of the Port of Bombay ...Plaintiffs vs. M/s.Auroplast India Ltd. ...Defendants Ms Priti Shah a/w U.J.Makhija i/b M/s.Mulla & Mulla for the plaintiffs Mr.H.S.Khathawala i/b Mr.I.J.Nankani for the defendants CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : OCTOBER 7,2008 : OCTOBER 7,2008 : OCTOBER 7,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel appearing for the plaintiffs in support of the notice of motion and the learned counsel appearing for the second defendant. The suit filed by the plaintiffs has been dismissed on account of non compliance with the conditional order dated 17th July 2007 passed by this court. In view of the averments made in paragraphs 4 to 7 of the affidavit in support, a case is made out for restoration of the suit. Accordingly, the notice of motion is disposed of by passing the following order : . Notice of motion is made absolute in terms of the prayer clauses (a), (b) and (d). . Time of 12 weeks is granted to serve the writ of summons to the first and third defendants. - 2 - JUDGE JUDGE JUDGE