IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 607 OF 2005 OF MOTION NO. 607 OF 2005 OF MOTION NO. 607 OF 2005 IN IN IN APPEAL APPEAL APPEAL NO. 1111 OF 2002 NO. 1111 OF 2002 NO. 1111 OF 2002 IN IN IN ARBITRATION ARBITRATION ARBITRATION PETITION NO. 218 OF 2001 PETITION NO. 218 OF 2001 PETITION NO. 218 OF 2001 Smt. Bhagwati Devi Bagaria ] .. Appellant Versus 1. Mahendrakumar N. Agarwal & anr. ] .. Respondents Mr. Siddharth Murarkar i/b S.K. Jain for the appellant. Mr. Jimmy Mistry i/b H.G. Bhambhani for the respondents. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 29TH AUGUST, 2008 P.C. : 1. Heard. 2. This is a Notice of Motion for restoration of the appeal which was dismissed by the Prothonotary & Senior Master for non-compliance of the office objections. The respondents have objected for grant of the Notice of Motion. 3. However, in the interest of justice, the Notice of Motion is allowed in terms of prayer clauses : 2 : (a) and (b), subject to cost of Rs.2,000/- to be paid equally to each of the respondents. Prayer clauses (a) and (b) of the Notice of Motion read thus: "(a) That the Dismissal Order dated 30.11.2002 passed by Ld. Prothonotary and Senior Master be set aside. (b) That in the interest of justice and equity delay in moving this Notice of Motion, be condoned." 4. Notice of Motion stands disposed of. Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]