1 mss NMS3732 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3732 OF 2009 IN SUMMARY SUIT NO. 3532 OF 2007 M/s. TRANSASIA BIO-MEDICALS LTD .. PLAINTIFF Vs. M/s. APPORVA HOSPITAL .. DEFENDANT WITH NOTICE OF MOTION NO. 3733 OF 2009 IN SUMMARY SUIT NO. 3182 OF 2009 M/s. TRANSASIA BIO-MEDICALS LTD .. PLAINTIFF Vs. MAHARAJA AGARSAIN CHARITABLE HOSPITAL .. DEFENDANT WITH NOTICE OF MOTION NO. 3734 OF 2009 IN 2 mss NMS3732 SUMMARY SUIT (L) NO. 1767 OF 2008 M/s. TRANSASIA BIO-MEDICALS LTD .. PLAINTIFF Vs. OM PRAKASH BIRLA .. DEFENDANT Mr. B. K. Ashok i/b Bekay Legal for the plaintiff Mr. Amit V. Chougule for the defendant CORAM: S.C.DHARMADHIKARI, J. DATED: 5/12/2011 P.C. There is no affidavit-in-reply to this notice of motion though it is duly served on the defendants. In any event, the plaintiff’s suit has been dismissed by Prothonotary & Senior Master of this court for non-removal of office objections. 2. This is a matter between the plaintiff and the court. The defendant is not affected by the prayer being granted because there is no question of adjudicating claim of the plaintiff on merits at this stage. 3. Therefore, by keeping open all objections on the point of limitation, maintainability of the suit and the merits of the plaintiff’s claim, this notice of motion is made absolute in terms of prayer clauses (a), (b) and (c) but on 3 mss NMS3732 the condition that the plaintiff pays costs quantified at Rs.2,500/- to the defendant within a period of two weeks from today. (S. C. DHARMADHIKARI, J.)