1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.134 OF 2009 IN SUIT NO.327 OF 1984 M/s.K.Patel & Co. & Ors. .. Plaintiffs Versus Vallabhdas Jethabhai & Ors. .. Defendants Mr.Munshi i/b. M/s.R.Ginwala for plaintiffs Mr.Amit Shroff for defendant No.2. CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd February 2009. P.C. . Plaintiffs have moved this notice of motion for restoration of the suit. 2. The affidavit in support is filed by plaintiff Nos. 3 and 4 and while inviting my attention to the statements therein, Mr.Munshi states that he would now take necessary steps and if the other plaintiffs are not cooperating in 2 the proceeding with the suit, then, they may be impleaded as defendants or dropped from the proceedings. 3. Subject to this, I have heard Mr.Munshi for plaintiffs and the learned Advocate for defendant No.2. 3. Having perused the notice of motion, in my view, although the suit has remained on the file of this Court for nearly 25 years and no steps were taken, one last opportunity deserves to be granted to the plaintiffs. More so, when they have now engaged another Advocate and are now assuring the Court that prompt steps will be taken at their end to prosecute the suit. Notice of motion is, therefore, made absolute in terms of prayer clause (a) subject to plaintiff’s paying cost quantified at Rs.10,000/- to the defendant No.2. Costs condition precedent. To be tendered within two weeks from today. 3 (S.C.Dharmadhikari, J)