dgm gm gm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1193 OF 2006 PETITION NO.1193 OF 2006 PETITION NO.1193 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.K.Chinchalikar for the Petitioners. CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 15th October, 2008. : 15th October, 2008. : 15th October, 2008. P.C. P.C. P.C. The petitioner has challenged the order of dismissal of his notice of motion wherein a prayer was to restore the suit along with notice of motion which was dismissed on 30th June, 2002. Affidavit of service was filed on record. There was no reply filed by the defendants. None appeared for the defendants at the hearing of the notice of motion also. Inspite of this, the learned Judge rejected the application/notice of motion that resulted into dismissal of his suit for want of non-prosecution. ( 2 ) In view of this and as the plaintiff is still interested in proceeding this matter and as there is no contest and/or opposition, I am inclined to grant this petition. The notice of motion is accordingly allowed. The Suit is restored. The petitioner/original plaintiff to take steps as already directed within eight weeks failing which the Suit shall stand dismissed without reference to court. Writ petition is accordingly allowed in the above terms. [ ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.] ANOOP V.MOHTA,J.]