1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2697 OF 2006 IN SUIT NO.950 OF 1995 WITH NOTICE OF MOTION NO.2696 OF 2006 IN SUIT NO.4271 OF 1994 Ms.Sharmila I. Lukmani Plaintiff versus Mrs.Jessica I. Kuknai and others Defendants Shamima Taly i/by S. Mahomedbhai & Co. for plaintiff. J.P.Sen with G.R.Mehta for defendant no.1. CORAM : S.J.KATHAWALLA, J. DATE : 22nd November 2010 PC : 1. By the above Notice of Motions the plaintiff seeks setting aside of the orders dated 27th August 1999 and 8th March 2000 passed by the Prothonotary & Senior Master of this Court dismissing the above suits. The learned advocate appearing for the defendant no.1 has invited my attention to the decision of learned Single Judge of this Court dated 27th April 1998 wherein a view has been taken that in case of dismissal of the suit by the Prothonotary & Senior Master at the stage of directions, an application ought to be made before the Prothonotary & Senior Master by the plaintiff seeking restoration. The learned advocate for the defendant no.1 has also drawn my attention to a decision of the Division Bench of this Court in case of Bank of Baroda Vs. Dipak Raghuvir Wagle and another 2008(2)-Mh.L.J.-381 wherein the Division Bench of this Court has confirmed that the Prothonotary & Senior Master of this Court has the 2 power to dismiss a suit at the stage of directions in the event the plaintiff and/or his advocate does not appear before the Prothonotary & Senior Master. 2. In view thereof, the plaintiff is directed to make an application before the Prothonotary & Senior Master to set aside the orders dated 27th August 1999 and 8th March 2000, which the Prothonotary & Senior Master shall decide on merits within a period of two weeks from the date of filing of such application. The Notice of Motions are accordingly disposed of. (S.J.KATHAWALLA, J.)