1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.621 OF2008 IN SUIT NO.1940 OF 1985 Smt. Bhanaridevi L. Vanigotta ....Plaintiff V/s. Shri Nemichand M. Bafna And ors ....Defendants Mr. A. K. Saxena a/w Mr. Kamlesh Tiwari, for the Plaintiff. Mr. B. N. Vaishnawa a/w Mr A. B. Dubey i/b M/s Bharat Vaishnawa & Co. for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 25 th NOVEMBER, 2009. P.C. :- 1. The Plaintiff seeks an order restoring the suit which was dismissed as the Plaintiff failed to comply with the condition of depositing of Rs.1,000/- in the account of the Maharashtra Legal Services Authority as directed by the order dated 1st September, 2005. 2. The matter appeared on board thereafter when the Plaintiff was absent. There undoubtedly is some negligence on the Plaintiff’s part. The Plaintiff’s case, however, is that her husband was attending to the matter and that he expired on 27th October, 2006. The Plaintiff is now attending to the matter herself. 2 3. In the circumstances the Notice of Motion is made absolute in terms of prayers (a) to (d) subject to the Plaintiff paying costs of this Notice of Motion fixed at Rs.10,000/- to be paid to the Defendant and the said sum of Rs.1,000- to be paid to the Maharashtra State Legal Services Authority on or before 3lst December, 2009.