:: 1 :: rp a IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 3976 OF 2007 OF MOTION NO. 3976 OF 2007 OF MOTION NO. 3976 OF 2007 IN IN IN APPEAL APPEAL APPEAL NO. 549 OF 2007 NO. 549 OF 2007 NO. 549 OF 2007 IN IN IN CHAMBER CHAMBER CHAMBER SUMMONS NO.274 OF 2005 SUMMONS NO.274 OF 2005 SUMMONS NO.274 OF 2005 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 431 OF 2004 APPLICATION NO. 431 OF 2004 APPLICATION NO. 431 OF 2004 IN IN IN SUMMONS SUMMONS SUMMONS FOR JUDGEMENT NO. 1123 OF 1998 FOR JUDGEMENT NO. 1123 OF 1998 FOR JUDGEMENT NO. 1123 OF 1998 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.3772 OF 1998 SUIT NO.3772 OF 1998 SUIT NO.3772 OF 1998 Mr.Anil Sekhri .. Appellant. V/s. Mr.J.B.Singh & Anr. .. Respondents. Mr.Deepti Chand for the appellants. Mr.P.M. Shah for the respondent no.1. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN AND : DR.S.RADHAKRISHNAN AND : DR.S.RADHAKRISHNAN AND ANOOP ANOOP ANOOP V.MOHTA, JJ. V.MOHTA, JJ. V.MOHTA, JJ. DATE DATE DATE : 4th DECEMBER, 2007. : 4th DECEMBER, 2007. : 4th DECEMBER, 2007. P.C. P.C. P.C. :- :- :- . Heard learned Counsel for the Appellants and the learned Counsel for the Respondent No.1. None appears for Respondent No.2. The learned Counsel for the Appellant undertakes to file an affidavit of service :: 2 :: with regard to service on Respondent no.2. Perused the affidavit in support of Notice of Motion. For the reasons stated in the affidavit in support to Notice of Motion, sufficient cause is made out for recalling the order dated 1st October, 2007. There is no case of inaction, negligence or want of bonafide on the part of the appellant. Hence, the notice of motion is made absolute in terms of prayer clause (a). 2. Place the above appeal on board on 18th January, 2008 alongwith Appeal No. 382 of 2003. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN, (DR.S.RADHAKRISHNAN, (DR.S.RADHAKRISHNAN, J.) J.) J.)