1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.815 OF 2009 IN SUIT NO. 676 OF 2001 Radha Krishna Fabrics .... Plaintiffs vs Vigosha Exports ... Defendants Ms.Prachi Khandge i/b. M.P. Vashi & Associates for the plaintiff. Mr.P.S.Gidwani for the defendant . CORAM: ANOOP V. MOHTA, J. DATE : 24th July, 2009 P.C.: 1 In a Suit of 2001, the plaintiff could not take steps even by serving the summons. The said default was continued for long and ultimately on 16.1.2008 Suit was dismissed. The plaintiff, as averred, was suffering from cardiac problems since 2006 and, therefore, could not contact his Advocate also. Even after dismissal of the suit, he never enquired about his matter. 2 On 22.1.2009 he enquired from the Advocate and came to know about the dismissal of the Suit. 3 Considering the averments made and the conduct of plaintiff itself, in my 2 view, cannot be the reason to condone the delay and/or restore the Suit, which is pending since 2001 even for serving service of summons. This is not a fit case where the discretion needs to be exercised in favour of the plaintiff. Notice of Motion is accordingly dismissed. No costs. (ANOOP V. MOHTA, J.)