M/S Dprimalaks Saffles Pvt.Ltd. v. M/S Suarya Packaging

34.nms.2712.16.ss.28.2004.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2712 OF 2016 IN SUMMARY SUIT NO. 28 OF 2004 M/s. Dprimilaks Saffles Pvt. Ltd.

.. Applicant In the matter between :

M/s. Dprimilaks Saffles Pvt. Ltd.

.. Plaintiff Vs.

M/s. Surya Packaging .. Defendant Mr.Ashutosh Gole i/b M.V. Limaye for plaintiff/applicant. None for defendant.

CORAM : K.R.SHRIRAM, J.

DATE : 22ND DECEMBER, 2016 P.C.

This notice of motion is taken out to restore the suit that came to be dismissed for non-removal of office objections by an order dated 11th December 2003 passed by the Prothonotary and Senior Master, High Court, Bombay. In the entire affidavit in support, there is no reason given as to why office objections were not removed and why the applicants took more than almost 13 years to take out this notice of motion except stating that the plaintiff and their Advocate lost track of the matter. This Court has been very lenient in restoring matters which were dismissed for default but in this Shraddha Talekar PS 1/2

34.nms.2712.16.ss.28.2004.doc case, this Court is not inclined to restore because the reasons are not acceptable simply saying the plaintiff and the Advocate lost track of the matter is not enough reason to restore.

The notice of motion dismissed.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2