FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.799 OF 2008 IN SUIT NO.856 OF 1990 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr J.A.Udaipuri, for the plaintiff. Mr R.A.Shaikh, for the defendants. CORAM: D.B.Bhosale,J. DATED: 03.04.2008 P.C.: Heard learned counsel for the parties. The plaintiffs have taken out this Notice of Motion for setting aside the dismissal order dated 8.2.2008 and seeking restoration of Suit No.856 of 1990 to file and its hearing on merits. It appears that on 8.2.2008 none appeared for the plaintiff and hence the suit came to be dismissed for want of prosecution. Perusal of the record shows that the suit was kept for arguments after closing the evidence. I perused the affidavit in support of the Motion. For the reasons stated in the affidavit, this Notice of Motion is made absolute in terms of prayer clause (a) subject to payment of costs of Rs.2000/- to the defendants within a period of one week from today. Office is directed to place Suit No.856 of 1990 for hearing on 21.4.2008 under caption "for Arguments". Stand over to 21.4.2008. (D.B.Bhosale, J.)