1 nms989-08.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 989 of 2008 in Suit No. 2787 of 1990 Vijaya Bank .. Plaintiffs v/s. M/s. Star Video India Pvt. Ltd. ..Defendants Mr.Shivaji Lanke i/b. M/s. Shelke & Co. for the Plaintiffs. None for the Defendants CORAM : R.Y.GANOO, J. DATED : 1st October , 2010 P.C. : 1. This notice of motion is taken out for restoration of the suit as the same was dismissed on 15.2.2008 . This motion is taken out on 10.3.2008. Counsel for the plaintiff states that packet containing this motion was sent to the address of the defendants. However, the packet came back with the remark “left”. It is stated that the packet came back on or about 18.3.2008. The plaintiffs have not taken steps thereafter to serve the registered motion by substituted service. Today, we are in October 2010. It is clear that the plaintiffs are not interested in prosecuting this motion diligently. Counsel for the plaintiffs sought time to serve registered motion upon the 2 nms989-08.sxw defendants. Request is rejected as the plaintiffs have exhibited laches. In view of the above, motion is dismissed for want of prosecution with no order as to costs. [R.Y.GANOO, J.]