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. 2309 OF 2008 NOTICE OF MOTION NO. 2309 OF 2008 NOTICE OF MOTION NO. 2309 OF 2008 IN IN IN SUIT NO. 3185 OF 2003 SUIT NO. 3185 OF 2003 SUIT NO. 3185 OF 2003 Hamid Khan Mahamad Khan Pathan ...Plaintiff V/s. Nazmunnisa Aziz Khan & Ors. ...Defendants Ms.Seema Singh for the Plaintiff. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JULY 18, 2008 DATED : JULY 18, 2008 DATED : JULY 18, 2008 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the plaintiff. 2. Plaintiff is seeking restoration of the suit which was dismissed for non compliance of the direction to serve the writ of summons on the defendants. In the affidavit in support, it is stated that the plaintiff’s Counsel was busy in some other court and therefore, could not remain present before the Prothonotary seeking extension of time for service of writ of summons. 3. In my view, sufficient cause has been shown by the plaintiff for not appearing before the Prothonotary. Order dated 7th April, 2008 is set aside. Suit is - 2 - restored to the file. Petitioner is given six weeks time to serve a writ of summons on the defendants and thereafter, to file the affidavit of service. 4. Motion, accordingly, is allowed in terms of prayer clause (a) and is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)