Shanker Nathu Rathod 6 ORS. v. Pius Alex Remedios And 12 ORS.

29-NMS1791-16.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1791 OF 2016 IN SUIT NO. 4140 OF 1994 Shanker Nathu Rathod & Ors ...Plaintiffs

Versus

Pius Alex Remedios & Ors ...Defendants None for the Plaintiff/Applicant.

Mr Jignesh Shah, for Defendants Nos. 1 to 7.

Mr Yatin R Shah, with Niranjan M Deshpande, for Defendants Nos. 9 & 10.

CORAM: G.S. PATEL, J DATED:

27th February 2019 PC:- 1.

This is the Plaintiffs' Notice of Motion to set aside my order dated 29th January 2014 by which I dismissed the suit for nonprosecution. There is a considerable delay of 785 days or more in filing the Notice of Motion. Worse yet, none appear for the Plaintiffs today.

2.

The Notice of Motion is dismissed. There will be no order as to costs.

27th February 2019

29-NMS1791-16.DOC 3.

No further applications for setting aside this order or restoration of the Notice of Motion or restoration of the suit will be permitted without specific leave of this Court to file such a Notice of Motion. I am making it clear that I will not permit any such application except on deposit of an amount I consider sufficient as costs.

(G. S. PATEL, J) 27th February 2019