IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.495 OF 2004 IN WRIT PETITION NO.1024 OF 1998 Lalit J. Sheth ..Petitioner. Vs. Beejey James & Ors. ..Respondents. Ms.Lata Bachani i/b.M/s.I.R.Joshi & Co. for the Petitioner. Ms.Marima, Advocate for the Respondents. CORAM: S.RADHAKRISHNAN AND CORAM: S.RADHAKRISHNAN AND CORAM: S.RADHAKRISHNAN AND S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. S.J.VAZIFDAR, JJ. DATED: 21ST SEPTEMBER, 2004 DATED: 21ST SEPTEMBER, 2004 DATED: 21ST SEPTEMBER, 2004 P.C. : P.C. : P.C. : Heard the learned counsel for the Petitioner. None appears for Respondent No.3. 2. The learned counsel for the Petitioner undertakes to file an affidavit of service within a period of two weeks from today. 3. Perused the affidavit in support of the Notice of Motion. For the reasons stated therein, sufficient cause is made out for recalling of our order dated : 2 : 2nd September, 2004 dismissing the Petition in default. There is no case of inaction, negligence or want of bonafide. 4. In the aforesaid facts and circumstances, Notice of Motion is made absolute in terms of prayer clauses (a), (b) and (c) subject to the condition that the Petitioner shall deposit a sum of Rs.1000/- with the Maharashtra State Legal Services Authority within a period of two weeks from today, as condition precedent. 5. The learned counsel for the Petitioner states that a copy of the Petition will be furnished to the learned Advocate for Respondent No.1 within a week from today. 6. Place the Writ Petition on board for final hearing on 11th October, 2004. (S.Radhakrishnan, J.) (S.J.Vazifdar, J.)