Raj Enterprises v. The Executive Engineer (Building Proposal) And 16 ORS.

1/2 32.NMS-1038-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1038 OF 2014 IN SUIT NO.2901 OF 2011 Raj Enterprises ....Applicants/Plaintiffs V/s.

The Executive Engineer (Building Proposal ) & Ors.

....Defendants ---- Mr. M.S. Singh i/b. Viral Vora for the applicants/plaintiffs. None for the defendants.

---- CORAM : K.R.SHRIRAM,J DATE : 1st OCTOBER,2016 P.C.:- This notice of motion is for setting aside the order of dismissal passed by the Prothonotary and Senior Master for non compliance of Rule 87 of the Bombay High Court (O.S.) Rules. The suit was dismissed pursuant to an order dated 5th July, 2012. In the order of 5th July, 2012 the plaintiffs were directed to take steps to serve the defendants on or before 5th September, 2012. The plaintiffs did not and, therefore, the suit came to be dismissed. The plaintiffs thereafter took more than one year and 159 days as mentioned in prayer clause - (b) of this notice of motion, to even taken out the present notice of motion.

Gauri Gaekwad

2/2 32.NMS-1038-2014.doc This notice of motion has been lodged on 1st August, 2014. Mr. Singh, counsel appearing for the plaintiffs states that even this notice of motion has not been served though the applicants have had more than two years to serve the notice of motion. Therefore, the notice of motion is dismissed. (K.R.SHRIRAM,J) Gauri Gaekwad