1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.516 OF 2009 IN SUIT NO.2238 OF 1990 Corporation Bank Plaintiff versus M/s.Vikamshi Cotton Co. and others Defendants Mr.P.K.Sarvankar i/by G.S. Bhatt for plaintiff. Mr.K.S.Jain for the defendant. CORAM : S.J.KATHAWALLA, J. DATE : 21st February 2011 PC : 1. By this Notice of Motion the plaintiff seeks setting aside of the order dated 10th September 2007 dismissing the suit and for restoration of the suit. The suit was dismissed for want of prosecution on 10th September 2007 since none appeared for the plaintiff. 2. Heard learned advocates for the parties. Perused the affidavit-in- support of the Notice of Motion dated 30th January 2009. The defendants have not filed any affidavit-in-reply to the Notice of Motion. For the reasons set out in the affidavit-in-support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clauses (a) and (b) subject to the plaintiff paying costs of Rs.5,000/- in one set to the defendants. The learned advocate for the plaintiff undertakes to forward the costs of Rs.5,000/- to the advocate for the defendants within two weeks from today. The undertaking is accepted. (S.J.KATHAWALLA, J.)