1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3143 OF 2008 IN SUMMARY SUIT NO. 878 OF 1990 Vijaya Bank ... Applicant/Plaintiff Versus Harikrshan Lohia ... Defendant Ms. Sindha Shreedharan for the applicant/Plaintiff None for the defendants CORAM : D.G. KARNIK, J. DATED : 15th September, 2011 P.C. 1. This motion is taken out by the plaintiff for setting aside the order of dismissal and condonation of delay in taking out the Motion. 2. The suit was dismissed on 5th September, 2007. The Motion is taken out on 4th September, 2008, though the affidavit in support of the motion was sworn on 24th July, 2008. Period of limitation for making application for setting aside the order of dismissal of Suit is 30 days, which has expired on 4th October, 2007. There is delay of nearly one year in taking out the motion, which, in my view, is not satisfactorily explained. In paragraph 5 of the affidavit in support of the Motion it is stated that the advocate was changed and when new advocate took the inspection, he came to know about dismissal of the Suit in May, 2 2008. There is no proof in support of this averment. But even if this averment is assumed to be true, the plaintiff had knowledge of dismissal of suit in May, 2008. As stated earlier, the motion has been filed on 4the September, 2008 beyond the period of 30 days, even from the date of knowledge and the delay is not explained. Furthermore, the affidavit in support of the Motion was sworn on 24th July, 2008, but the motion was not filed for a period of one month even after swearing of the affidavit. Thus, there is gross negligence and the delay is not explained. 3. The Motion is dismissed. (D.G. KARNIK,J.)