1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.3795 of 2009 in Suit No.4273 of 1995 1 Harold Dominic Rodriques since deceased through his heirs and legal representatives 1a. Valerian Peter Rodriques and othes ..Plaintiffs vs. 1 Larry Joseph Duarte & anr. ..Defendants Ms.Pranjali Bhandari for plaintiff. CORAM: S.C. DHARMADHIKARI J. 25th November, 2009 P.C. 1 Heard the learned Counsel appearing for the plaintiffs. Motion is duly served on the defendants. There is no affidavit in reply. Further, in the affidavit in support it is pointed out that the matter was listed on board but could not be noticed by the Advocate and, therefore, the plaintiff was not informed. Even the Advocate was absent 2 and that is how the suit was dismissed for default. 2 For the reasons set out in the affidavit, delay is condoned. I am satisfied that the plaintiff had shown sufficient cause preventing him from attending the Court on the relevant date. Notice of motion is, therefore, made absolute in terms of prayer clause (b). Interim order in the suit is also restored accordingly. The plaintiffs to pay costs quantified at Rs.2,500/- to Mr.Mogre,who appears on behalf of the defendants. (S.C.DHARMADHIKARI J.)