Chandka 1 NMA-1008-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1008 OF 2010 IN APPEAL (L) NO. 204 OF 2010 IN SUMMARY SUIT NO. 3111 OF 1990 Passenger International ..Appellants versus New India Assurance Company Ltd. ..Respondents Mr. Sunil Rawal for Appellants. None for Respondents. CORAM : DR. D. Y. CHANDRACHUD & ANOOP V. MOHTA, JJ. 31 January 2011. P.C. : The suit was permitted to be withdrawn on 3 May 1991 on the request made by the Plaintiff with liberty reserved to file a fresh suit on the same cause of action, if necessary. However, no refund of court fees was granted. The order is sought to be challenged only in so far as the refusal of refund of court fees is concerned. The delay of 19 years and 9 months is not satisfactorily explained. The mere fact that there is a Notification issued would not justify the delay. The Motion is accordingly dismissed. Chandka 2 NMA-1008-10 2. In view of the dismissal of the Notice of Motion, the Appeal does not survive and is accordingly disposed of. (Dr. D. Y. Chandrachud, J.) (Anoop V. Mohta, J.)