: 1 : 13-9-2803-05.sxw spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2803 OF 2005 IN SUMMONS FOR JUDGMENT NO. 908 OF 2003 IN SUMMARY SUIT NO. 2478 OF 2002 Gaskets & Brake Parts Co. .. Plaintiffs. v/s. Mehta Transport Services (I) Ltd., .. Defendants ......... Mr. Sandeep Kumbhar i/by Mr. S.A.Bhagwat for the Plaintiffs. Ms. Leena Tembar for the Defendants. ......... CORAM : R.Y.GANOO, J. DATE : 13th SEPTEMBER,2010. P.C. : 1 By this notice of Motion, the plaintiffs want that the summons for judgment dismissed on 22nd of August, 2005 be restored to the file. 2 Heard learned counsel for the both the sides. Learned counsel for the plaintiffs prayed for orders in terms of the notice of motion in view of what is stated in paragraph 4. Learned counsel for the defendants opposed the said notice of motion and submitted that the : 2 : 13-9-2803-05.sxw plaintiffs had enough notice of the hearing conducted on 22nd August, 2005 and as the plaintiffs and their Advocate remained absent, the court has rightly dismissed the summons for judgment and the same should not be restored. 3 After hearing the learned counsel for both the sides and in particular para-4 of the notice of motion, I am inclined to allow the motion with cost. I am inclined to impose Rs.3000/- as cost to be paid by the plaintiffs to the defendants. 4 The notice of motion is made absolute in terms of prayer clause (a) on payment of costs to be paid by the plaintiffs to the defendants. The plaintiffs to pay the cost of Rs.3000/- on or before 24th September, 2010. Cost is a condition precedent. Summons for Judgment is adjourned to 27th of September, 2010 for hearing. (R.Y.GANOO, J.)