1 NMS3825.08.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3825 OF 2008 IN SUIT NO. 4078 OF 1990 Canara Bank. ... Plaintiffs. V/s. R.P. Mehata and Anr. ... Defendants. Mr. M. Janardhan for the Plaintiffs. None for the Defendants. CORAM : R.Y. GANOO, J. DATED : 25th NOVEMBER 2010. P.C. :- Copy of affidavit of service filed by the Plaintiff is taken on record. Perused order dated 17th October 2007 by which the Suit was dismissed. It appears that the Advocate who was then appearing on behalf of the Plaintiffs did not receive instructions from the Canara Bank and that is how he made a statement that instructions are not received and papers have been returned to the concerned Bank Officer. Thereafter, no arrangements were made. On that statement itself Suit came to be dismissed. 2. There appears to be communication gap between the concerned persons who were attending the Suit. Affidavit in 2 NMS3825.08.sxw support of the Motion gives an acceptable explanation for delay in taking out the Motion. The delay will have to be condoned. 3. Hence, following order is passed to dispose of the Notice of Motion :- (i) The Motion is made absolute in terms of prayer clauses (a) and (b). (ii) The Suit is restored to the file of the Court. (iii) The Suit set down for directions on 14th December 2010. (iv) There shall be no order as to costs. (v) The Plaintiffs to inform this order to all the Defendants by letter under Certificate of Posting. (R.Y. GANOO, J.)