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 JUDGES ORDER NO.180 OF 2007 IN SUIT NO.1661 OF 1997. SUIT NO.1661 OF 1997. SUIT NO.1661 OF 1997. D.F.Hodiwala ..Plaintiff versus Abdul Salam Mohd. Ayub & Ors. ..Respondent. Mr.H.s.Murthy for the applicant/ Plaintiff Defendant No.4 present in person Coram : Coram : Coram : S.R.Sathe, JJ. S.R.Sathe, JJ. S.R.Sathe, JJ. Dated : 13th June, 2007 Dated : 13th June, 2007 Dated : 13th June, 2007 P.C. 1. Heard learned Advocate for the plaintiff as well as the defendant No.4 in person. He has raised several contentions. However, all those contentions will have to be decided after the suit is restored and not at this stage. Having considering the reasons mentioned in the affidavit for not taking steps regarding service of notice on defendants, the matter was dismissed on 15.7.2004. There is a considerable delay in making application and the defendant has been put to inconvenience. 2. Under the circumstances, suit is restored on plaintiff paying cost of Rs.5000/- (Rupees Five Thousand Only) to the defendant No.4 Shaikh Mohammed -2- Saeed Abdul Salam. The rest of the defendants have remained absent. 3. The cost to be paid within two days. The learned advocate for the plaintiff submits that he will send the cost to defendant No.4 by Money Order. 4. The plaintiff to serve the defendants within eight weeks. Defendant No.4 waives service. 5. Judges Order disposed of accordingly. (S.R.Sathe, J.) (S.R.Sathe, J.) (S.R.Sathe, J.)