1 nms-2874-s-1386-03 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2874 OF 2009 IN SUIT NO. 1386 OF 2003. M/s. Tecnimont ICB Pvt. Ltd. ..Plaintiffs. vs. Sanjay Kumar Mishra. ..Defendant. .... Mr. Manish Upadhye, for Plaintiffs. None for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 17TH MARCH 2011. P.C. : By this Notice of Motion, the Plaintiffs seek condonation of delay of 264 days in taking out the Notice of Motion and setting aside order dated 17th June 2008 of the Commissioner for Taking Accounts, dismissing the aforesaid Suit for default and for restoration of the Suit to file. 2. Though prior to the dismissal, the Defendants were sought to be served with the Writ of Summons, the packet containing the Writ of Summons was returned back with the remark “left”. 3. Heard the learned Advocate for the Plaintiffs. Perused the Affidavit in support of the Notice of Motion. For reasons set out in paragraphs 3, 4, 5 and 7 of the Affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clauses (a) and (b). [ S.J. KATHAWALLA, J. ]