1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3723 OF 2006 IN NOTICE OF MOTION NO.1441 OF 2005 IN SUIT NO.1306 OF 2005. Mohammed Ali Zafar Sardar : Plaintiff. Versus Sayeed Safar Sardar & Ors. : Defendants. Ms.Amita Castelino i/by Mr.S.M.Kazi for the Plaintiff Mr. Hatim i/by Nandlal Kothari for Defendant Nos.1 & 6. CORAM : R.M.SAVANT, J DATED : DECEMBER 10, 2008 P.C. 1. The above Notice of Motion has been filed for condonation of delay of 25 days in filing it, which is filed for restoration of Notice of Motion No.1441 of 2005. The said Notice of Motion No.1441 of 2005 was dismissed for non-prosecution on 24th August 2006. 2 2. The reasons for the delay in filing the above Notice of Motion and the reasons why the Plaintiff did not remain present in the Court on 24th August 2006 are mentioned in the Affidavit in support of the above Notice of Motion. 3. The learned counsel appearing for the Defendant Nos.1 and 6 submits to the orders of the Court. 4. Hence for the reasons cited in the Affidavit in support of the above Notice of Motion, the same is allowed in terms of prayer clauses (a) and (b). Resultantly, the Notice of Motion No.1441 of 2005 is restored to file. 5. The above Notice of Motion No.3723 of 2006 is accordingly disposed of. [R.M.SAVANT, J]