IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3855 OF 2006 IN SUIT NO.880 OF 1986 M/s.Alu Foil Laminates ..... Plaintiff V/s. Maharashtra Hybrid Seeds Co. Ltd. .... Defendant Mr.Sandeep Marne, for the plaintiff. Mr. D. Vyas and Daniel Arif i/by RES Legal, for the defendant. CORAM: R.Y.GANOO, J. DATED: 12th JANUARY, 2009. P.C. 1. This notice of motion is taken out for condonation of delay of 284 days in taking out the motion for restoration. The suit came to be dismissed on 27-01-2006. Thereafter, the Advocate for the plaintiff came to know about the said dismissal in 2nd week of April, 2006. The representative of the plaintiff came to know about it immediately as admitted by him in the affidavit in support of notice of motion. Thereafter, motion is taken out in November 2006. 2. The reasons mentioned in the affidavit in support for not taking this motion is mainly plaintiff's representative was out of station for tours and family problems and whatever reasons why the plaintiff's representative was required to undertake the tours and whatever the family problems, have not been stated. The conduct on the part of the representative of plaintiffs clearly goes to show that that he was negligent and even after coming to know the dismissal of the suit, he did not prosecute the matter so as to have it restored. In my view, no good explanation is forthcoming by the plaintiff and as such, the notice of motion is required to be dismissed. Hence, the order. ORDER 1. The notice of motion is dismissed with no order as to costs. ( R.Y.Ganoo, J. )