1 nm3698-06.doc ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3698 OF 2006 IN SUIT NO.2895 OF 2001 Smt.Usha Mukund Apte and Ors. .. Plaintiffs Vs. I.T.C.Ltd. and Ors. .. Defendants Mr.D.S.Belwalkar for the plaintiffs None for the defendants CORAM: K.K. TATED, J. DATE: 25th AUGUST, 2011 PC: 1. Heard the learned counsel for the plaintiffs. 2. The learned counsel for the plaintiffs filed affidavit of service showing that the defendants are duly served. The present Notice of Motion preferred by plaintiffs for restoration of Notice of Motion No.140 of 2008 which was dismissed for default on 15.02.2006 as no one appeared on behalf of them. 3. Considering the submissions made by learned counsel for the plaintiffs and the averments made in para 2 and 5 of affidavit 2 nm3698-06.doc in support of Notice of Motion, Notice of Motion is made absolute in terms of prayer clause (a) and (b) which reads as under: (a) that this Hon’ble Court be pleased to condone the delay of 180 days; (b) that this Hon’ble Court may be pleased to set aside the dismissal order dated 15.02.2006 passed in Notice of Motion No.140 of 2005 and restore to original number. 4. Notice of Motion is disposed of accordingly. (K.K.TATED,J.)