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1984 Supreme(Bom) 326

B.A.MASODKAR
Vernekar Industries – Appellant
Versus
Starit Engineering Co. Pvt. Ltd. Bombay – Respondent


JUDGMENT - B.A. MASODKAR, J.:---The revision is directed against the order rejecting Notice of Mition taken out by the defendants for inclusion of costs of Rs. 500/- in the bill of costs of notice of motion taken out and dismissed upon failure of the plaintiffs whose suit was dismissed in default.

2. The plaintiffs had filed the suit for recovery of a sum of Rs. 10,500/-. That suit was dismissed on October 7, 1981 for default of the plaintiffs. The plaintiff s took out Notice of Motion No. 1822 for setting aside the dismissal and restoration of suit. That motion was made absolute by an order of July 14, 1982, which quantified a sum of Rs. 500/- as costs being 'thrown-away costs' and also separately the costs of Notice of Motion payable within four weeks. Upon such payment of costs the suit was directed to be restored. The order further stated that in default of payment of such costs, Notice of Motion to stand dismissed with costs, plaintiffs did not abide by the condition. In the bill of costs of the motion a sum of Rs. 500/- was not included and motion was dismissed. Therefore, the defendants took out the present Notice of Motion. By the impugned order Court rejected the same.

3. Mr







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