1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.800 OF 2008 IN SUIT NO.3325 OF 1990 Union Bank of India .. Plaintiff. Vs. Indian Bank and Ors. .. Defendants. Mr.Jamshed Ansari i/b S.Mohamedbhai & Co. for the plaintiff. Ms.Shah i/b Pandya Gandhi & Co. for defendant no.1. CORAM : R.M.SAVANT, J. DATED : APRIL 5, 2011. PC: 1. The above motion has been filed by the plaintiff-bank for restoration of the suit which has been dismissed for non prosecution in view of the order dated 18th January, 2008. By the said order the plaintiff as and by way of last opportunity was granted two weeks time to produce the witness for cross examination subject to payment of costs of Rs.5,000/- to be deposited with the legal services committee of this court within one week from the said date i.e. 18th January, 2008. In the affidavit in support it has been mentioned that the said period of one week was wrongly understood as two weeks by the plaintiff and, therefore, though the amount of costs of Rs.5,000/- was S 2 deposited the same was done belatedly. Learned counsel appearing for the defendant-bank questions the reasons mentioned in the affidavit in support. Having heard learned counsel for the parties and having considered the reasons mentioned in the affidavit in support of the motion, in my view case for restoration is made out. The notice of motion is accordingly allowed and made absolute in terms of prayer clause (a). The witness of the plaintiff be kept ready for cross examination on 28th April, 2011. 2. List the matter on 28th April, 2011 for recording of evidence. (R M SAVANT, J.)