1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.1622 of 2008 In Appeal No.674 of 2001 The Food Corporation of India Appellants Vs. Anticlizo Shipping Corporation & ors. Respondents Ms.Dhanashree Shende i/b. Mr.Nitin Gangal and Mr.Ulhas Naik for applicant. Mr.Ajay Khaire i/b. Bodhanwala & Co. for resp.no.2. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. January 29, 2010. P.C. 1. Long Cause Admiralty Suit No.7 of 1978 was decided on 7th April 2000 and was dismissed. Appeal No.674 of 2001 came to be filed against the said decree and on account of the conditional order passed on 6th 2 August 2001 by the Court, the appeal was dismissed in default. 2. This Notice of Motion has been taken out for restoration of the appeal by setting aside the order dated 10/7/2001. 3. Though there is inordinate delay i.e. almost about seven years in applying for restoration of the dismissed suit, no separate motion has been taken out for condonation of delay though a prayer in this Notice of Motion has been set out for the same and supported by an affidavit. 4. The suit was filed about 35 years ago and during this period of 35 years if there is any fresh cause of action, the applicants are not without remedy in law for appropriate reliefs. We are satisfied that there is no sufficient or just cause made out to condone the delay and restore the appeal at this point of time. 5. Hence the Motion is dismissed. (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE,J.)