1 nms2890-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.2890 of 2009 . in Summary Suit No. 2729 of 1998 Travel Corporation (India) Ltd. .. Plaintiffs v/s. Heritage India Club Limited & Anr. ..Defendants Ms.Tanmayi Gadre a/w. Ms.Debashree Dey i/b.India Law Alliance for the Plaintiffs. None for the Defendant CORAM : R.Y.GANOO, J. DATED : 24th November , 2010 P.C. : 1. Affidavit of service is filed. Defendants are absent though served. Heard learned Counsel for the plaintiffs. She explained to the court the circumstances under which the order of dismissal of the suit was passed. She explained that there was some communication gap between the employee of the plaintiffs and the concerned advocate appearing on behalf of the plaintiffs. 2. Since defendants have remained absent though served, it will have to 2 nms2890-09.sxw be taken that the defendants are not opposing the restoration of the suit. Looking to the conduct of the plaintiff in the entire matter for restoration of the suit, they will have to be put to terms in the nature of costs. Hence following order is passed. ORDER i) Motion is made absolute in terms of prayer clause (a). ii) Plaintiffs are put to cost quantified at Rs.5000/- (Rupees Five Thousand Only) for securing relief in this motion in terms of prayer clause (a). Accordingly, plaintiffs are directed to pay cost of Rs. 5000/- for restoration of motion. Plaintiff to deposit the cost in the court on or before 22.12.2010. Defendants to withdraw this amount of Rs.5000/- which is payable to them without security or guarantee. Plaintiffs to serve copy of this order upon both the defendants or advocate for the defendants. [R.Y.GANOO, J.]