1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION NOTICE OF MOTION NO. 181 OF 2009 IN SUIT NO. 69 OF 2005 IN PETITION NO. 483 OF 2004 Narendra Jayantilal Jhaveri ...Plaintiff vs. Mandlik Jayantilal Jhaveri ...Defendant Mr.Sandip A. Shah for the Plaintiff. Mr.Girish Desai i/b. M/s.Bilawala & Co. for the Defendant. CORAM : V.M. KANADE, J. DATED : JANUARY 29, 2010 P.C. :- 1 Heard Counsel for the plaintiff and Counsel the Defendant. 2 This notice of motion is taken out by the plaintiff for condoning the delay in taking out this notice of motion and for recalling the order dated 13th November, 2009 passed by Justice A.S. Oka in the 2 suit and for restoration of the suit to the file. 3 Counsel for the defendant has, vehemently, opposed the grant of reliefs claimed by the plaintiff in this notice of motion. It is submitted that no ground has been given in the affidavit in support by the plaintiff or his Advocate. He submitted that whatever reason has been given by the plaintiff in the affidavit in support is vague and therefore, the said notice of motion is liable to be dismissed. 4 I am unable to accept the submission made by the defendant. In paras 3 and 4 of the affidavit in support, the statement is made that the plaintiff used to remain present almost on the dates since the hearing of the petition was fixed mostly on Fridays. He has stated that in October, 2009 he was not keeping well and was suffering from palpetation of heart and he was advised to take rest atleast for one month. He has also stated that his Advocate also 3 had undergone bye-pass surgery in the past and had also suffered a stress fracture in the middle of 2009. 5 Taking into consideration the reasons given by the plaintiff, sufficient explanation has been given for the delay caused in taking out this notice of motion. Delay, accordingly, is condoned. Order dated 13th November, 2009 is recalled and suit is restored to the file. Motion is disposed of. 6 Place the matter for directions on Friday, 5th February, 2010. (V.M. KANADE, J.)