:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 646 OF 2007 IN SUIT NO. 1305 OF 2004 Devshi Narayan Makwana ...Plaintiff Versus Ajinkyatara Co-op Hsg.Soc.Ltd ....Defendants ====== Mr.K.Sangani, Adv. for the plaintiffs. Mr.G.A.Tambe, Adv. for the Defendants CORAM: S.C.DHARMADHIKARI, J. DATED: 1ST APRIL, 2008. P.C. P.C. P.C. : : : . No Record and Proceedings. 1. This Chamber Summons is by the Original Plaintiff and the request is to set aside the Order of the Prothonotary and Senior Master dismissing the suit. There is a delay of 2 years and 363 days. In the Affidavit-in-support, it has been pointed out that the suit was filed and thereafter the Plaintiff was ill and :2: :2: :2: had been admitted in the Hospital. The Medical Certificate has been annexed. In such circumstances, he could not give instructions to the Advocate to pursue the matter. 2. For the reasons set out in the Affidavit-in-support the Delay is condoned. The order passed by the Prothonotary and Senior Master is set aside and the Suit is restored to the file of this court. However, the Plaintiff’s Advocate to remove all office objections within a period of 2 weeks from today. However, in the peculiar facts of the case, the plaintiff to pay costs quantified at Rs.3,000/- to the Defendant within 2 weeks from today. Chamber Summons disposed off. ***********