- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 4126 OF 2008 IN SUIT No. 3616 OF 1994 Azad Hind Dairy Farm & Anr. ... Plaintiffs Vs. The General Manager (North MTNL) ... Defendant *** Mr. A. S. Khandeparkar, for the Plaintiffs. None for Defendant. *** CORAM : V. M. KANADE, J. DATE : AUGUST 12, 2009. PC :- 1. Heard the learned counsel appearing on behalf of the plaintiff. This Notice of Motion is taken out for restoration of the suit which was dismissed on account of the conditional order, which was passed by this Court on 5th March 2008. The learned counsel for the plaintiff submitted that two weeks time was granted to the plaintiff to file the affidavit of service. He submitted that the said order was a conditional order which states that if the affidavit of service is not filed, the suit will be dismissed without further reference to the Court. The plaintiff thereafter made inquiry and learnt that the defendant in fact was not served. Before the plaintiff - 2 - could take out Chamber Summons for extension of time to serve the defendant, the suit was dismissed as a result of the conditional order that was passed by this Court dated 5th March, 2008. Taking into consideration the peculiar facts and circumstances of the case, the conditional order dated 5th March 2008 is recalled qua the plaintiff’s suit, by condoning the delay occurred in taking out the present Notice of Motion. Suit is accordingly restored to the file. Notice of Motion is accordingly disposed of. 2. Four weeks time is given to the plaintiff to serve suit notice to the defendant. S.O. for four weeks. Place the Suit No. 3616 of 1994 for directions. [ V. M. KANADE, J.]