: 1 : nms-1688-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1688 OF 2010 IN SUIT NO. 49 OF 1984 Shri Cyril Devinne & Ors. .. Plaintiffs v/s. S.H. Anand & Ors. .. Defendants And Mrs. Suvarana S. Anand & Ors. .. Respondents ......... Mr. Aditya Thakkar i/b Vinod Mistry & Co. for the plaintiffs Mr. J.D. Khairnar for respondent nos. 1 to 4. None for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 23rd NOVEMBER, 2010 P.C. : 1. Defendants are served by publication. Respondents are before the Court through an advocate. Affidavit-in-reply is not filed. Heard learned Counsel on both sides. For the reasons mentioned in the affidavit in support, I am inclined to observe that a case is made out for condonation of delay in taking out the notice of motion and for granting the relief in terms of prayer clause (a). Hence, following order is passed : 2 : nms-1688-10=.sxw to dispose of the notice of motion. ORDER (i) Motion is made absolute in terms of prayer clauses (a) and (b). There shall be no order as to costs. (ii) Suit is restored to the file of the Court. (iii) Chamber Summons No.268 of 2010 is pending. It be taken up forthwith. (R.Y.GANOO, J.)