IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3404 OF 2008 IN SUIT NO.1049 OF 1996 Jasmin B. Shah .. Plaintiff Vs. Securities & Exchange Board of India & Ors. .. Defendants Ms.Purnima Bhatia i/by Rina Pujara for the plaintiff. None for the defendants. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 03rd October 2008. : 03rd October 2008. : 03rd October 2008. P.C.: . Heard learned counsel appearing for the plaintiff in support of notice of motion. She states that the plaintiff has dispatched the notice of this notice of motion to the defendants but acknowledgment signed by the defendants is not received till today. 2. The prayer in the notice of motion is for setting aside the order dated 11th January 2002 passed by the learned Prothonotary and Senior Master. The suit filed by the plaintiff was dismissed for non prosecution as the plaintiff was unable to serve the writ of summons within the time granted. 2 3. In view of the averments made in the affidavit in support, I find that a case for restoration has been made out. It is pointed out that the defendants were appearing in the suit and had filed a reply dealing with a notice of motion taken out by the plaintiff. The suit has been dismissed on technical ground and therefore a case for restoration is made out. 4. Hence, notice of motion is made absolute in terms of prayer clauses (a) and (b). Time of eight weeks is granted to the plaintiff to serve the writ of summons. If compliance is not made within the stipulated period of eight weeks by effecting service of writ of summons, the suit will stand dismissed for non prosecution without further reference to the Court. (A.S. Oka,J)