: 1 : nms-4283-08=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4283 OF 2008 IN SUIT NO. 1320 OF 2001 The Board of Trustees of Jawaharlal Nehru Port Trust .. Plaintiffs v/s. Nirmal Steel Corporation & Anr. .. Defendants ......... Mr. R.S. Bidkar i/by Advani & Co. for plaintiffs in support of NMS. None for the defendants. ......... CORAM : R.Y.GANOO, J. DATE : 5th OCTOBER, 2010 P.C. : 1. This motion is served upon defendant no.1. It is not served upon defendant no.2. Heard learned Counsel for the plaintiffs. Nobody appears on behalf of defendant nos. 1 and 2. In view of what is stated in the affidavit in support of the motion, motion is made absolute so far as defendant no.1 is concerned and motion will have to be dismissed so far as defendant no.2 is concerned. Hence, following order is passed to dispose of the notice of motion. : 2 : nms-4283-08=.sxw ORDER (i) Motion is made absolute in terms of prayer clauses (a), (b) and (c) so far as defendant no.1. (ii) Motion is dismissed so far as defendant no.2 is concerned. There shall be no order as to costs. (iii) Suit is restored to the file so far as defendant no.1. (iv) Suit to come up in usual course. (R.Y.GANOO, J.)