: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2079 OF 2008 IN SUIT NO.2777 OF 1997 M/s.Chhutanlal Mattumal ..Plaintiffs. Vs. M/s.Jayantilal Chunilal Shah & Ors. ..Defendants. Mr.Chitnis Vaithy i/b. M/s.Chitnis Vaithy & Co. for the Plaintiffs. None for the Defendants. Mr.Babu Shaikh and Mr.Sagar Vichare, Representatives of the Court Receiver present. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 5TH AUGUST, 2008 DATED : 5TH AUGUST, 2008 DATED : 5TH AUGUST, 2008 P.C. : P.C. : P.C. : Although there is considerable delay in taking out this Notice of Motion for setting aside the order dated 14.10.2004 passed by the Prothonotary and Senior Master, dismissing the suit for non-removal of the office objections, in the facts and circumstances of the case, I am inclined to restore the suit to file. 2. After the suit was filed in 1997 the Plaintiffs have in fact been prosecuting the same diligently. Interlocutory applications have been taken out and : 2 : orders were passed therein. A Court Receiver was also appointed therein. It appears that the former Advocate of the Plaintiffs did not keep the Plaintiffs informed about the progress of the suit. 3. In the circumstances, Notice of Motion is made absolute in terms of prayers (a), (b) and (c). 4. If the writ of summons has not been served, the time to serve is extended by twelve weeks from today. ***