IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1685 OF 2010 IN SUIT NO.643 OF 2009 Mahesh Vishandas Chandwani ..Plaintiff Vs. Rayshi Faria & Ors. ..Defendants None for the parties. CORAM : S.J.KATHAWALLA,J. DATE : FEBRUARY 23, 2011 P.C.: 1. By the above Notice of Motion the plaintiff seeks setting aside of the order 7th July, 2005 passed by the Prothonotary & Senior Master of this Court dismissing the above suits. 2. My attention is drawn to the decision of learned Single Judge of this Court dated 26th July, 2010 wherein a view has been taken that in case of dismissal of the suit by the Prothonotary & Senior Master at the stage of directions, an application ought to be made before the Prothonotary & Senior Master by the plaintiff seeking restoration. My attention is also drawn to a decision of the Division bench of this Court in the case of Bank of Baroda Vs. Dipak Raghuvir Wagle and another 2008(2)-Mh.L.J.-381 wherein the Division Bench of this Court has confirmed that the Prothonotary & Senior Master of this Court has the power to dismiss a suit at the stage of directions in the event the plaintiff and/or his advocate does not appear before the Prothonotary & Senior Master. 3. In view thereof, the plaintiff is directed to make an application before the Prothonotary & Senior Master to set aside the order dated 26th July, 2010, which the Prothonotary & Senior Master shall decide on merits within a period of two weeks from the date of filing of such application. 4. The Notice of Motion accordingly stands disposed of. (S.J.KATHAWALLA,J.)