IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3856 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. Not on board. 2. by consent, taken on board. 3. By this notice of motion, plaintiffs prayed that the suit which was dismissed on 27-01-2006 be restored to the file of the Court. Plaintiff had taken out notice of motion bearing No.3855 of 2006 for condonation of delay in taking out notice of motion for restoration of the suit. Infact, no separate notice of motion was required to be taken out. However, that was done. That motion is dismissed by this Court few minutes back by a speaking order. Since the delay in taking out the notice of motion has not been condoned by the Court, this motion does not survive and is accordingly required to be dismissed. Hence, the order. ORDER 1. The notice of motion stands dismissed as delay in taking out this motion has not been condoned. 2. There shall be no order as to costs. ( R.Y.Ganoo, J. )