IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.937 OF 2007 IN SUM.SUIT NO.2758 OF 2006 Ramshankar R.Gupta .. Plaintiff V/s Harichandra B.Nirmal .. Defendant Mr.Suraj Kudalkar for the Plaintiff. None for Defendant. CORAM : R.G.KETKAR, J. DATE : 28th August, 2009. P.C.: This notice of motion is taken out by the plaintiff for setting aside the order dated February 27, 2007 passed by this Court (D.K.Deshmukh, J.) dismissing the suit for default. The plaintiff has filed affidavit in support of this notice of motion. The plaintiff has also filed affidavit of service of Mr.Vijayshankar Kanojia, clerk, proving thereby the service of the notice of motion on the defendant. Heard the learned counsel for the plaintiff. No appearance is entered on behalf of the Defendant. Defendant is not present in court. For the reasons stated in the affidavit in support of the notice of motion, notice of motion is made absolute in terms of prayer clauses (a) and (b), with no order as to costs. Plaintiff to give fresh notice to the defendant before moving the court. (R.G.KETKAR, J.)