1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1983 OF 2007 IN NOTICE OF MOTION NO.688 OF 2006 IN SUIT NO.3385 OF 2005 Rajesh R. Doshi through his wife & duly constituted attorney, Mrs. Mayuri R. Doshi ...Appellant Vs. GEA Messo AG, Switzerland through its Dy. Managing Director, Mr. Paramanad Bhansal ...Respondent Mr. More for Appellant/Plaintiff Ms. Tulika Srivastava i/b. DSK Legal for Respondent/Defendant CORAM: SMT. ROSHAN DALVI, J. DATED: 1ST AUGUST, 2007 P.C. 1. The Notice of Motion is not even served upon the Defendant' s Advocate. This Notice of Motion is for restoration of a previous Notice of Motion No.688 of 2006, dismissed for default on 6th March, 2007. The learned Advocate for the Defendant fairly concedes that, that Notice of Motion may be heard on merits in the interest of justice. 2 Hence, the order of dismissal of Notice of Motion No.688 of 2006 is set aside and Notice of Motion No.688 of 2006 is restored to file for being heard on merits. 2. Notice of Motion No.688 of 2006 is adjourned for two weeks. 3. The above Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)