Nms4014.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4014 OF 2009 IN SUIT NO. 684 OF 1992 Chirag International ...Plaintiff. Vs. M/s. Hakeem Food Products Pvt. Ltd. & Anr. ...Defendants. Ms. Heera Iyarr for the Plaintiff. Mr. Luckyraj Indorkar i/by M/s. Hariani & Co. for Defendant No.1. CORAM :- ANOOP V. MOHTA, J. DATED :- 3rd FEBRUARY, 2010. P.C.- 1 The notice of motion is taken out for the restoration of the suit, which is for recovery of amount of more than Rupees thirty one lacs and for the possession, which was dismissed on 12th June, 2009, as none appeared for the Plaintiffs and also for the reasons that no steps were taken by the Plaintiffs till the date. 2 The learned counsel appearing for Defendant No.1 contented that in the affidavit so filed, there is no details provided. However, considering the fact that the matter was dismissed as none appeared, as referred in paragraph Nos. 2,3 and 4 and as the Advocate failed to appear in the court, and as the advocate is in default, in my view, the plaintiff should not be Nms4014.09 2 compelled to suffer. It is but natural that the parties, normally expect that the respective advocates to appear in the matter. In this case, the advocate is absent and the matter was dismissed for want of advocate and later on the plaintiff came to know about the same and filed this Notice of Motion along with an affidavit, in my view specially when the matter is of the year 1992, I see there is a reason to restore the suit in the interest of justice to give one more change to proceed in the main suit. However, it is subject to costs of Rs.5,000/- (Rupees five thousand only) to be paid to Respondent No.1, within 2 weeks. 3 The suit is restored to file. The plaintiffs to take steps as per the earlier order within 4 weeks. If the Plaintiffs fail to take steps, the suit stands dismissed without reference to the Courts order. (ANOOP V. MOHTA, J.)