1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.946 OF 2007 IN NOTICE OF MOTION NO. 236 OF 2006 IN SUIT NO.2923 OF 2002 Mohomed U.H. Valimohomed ... Plaintiff - versus - Abdul razak Haji Suleman & Ors. .. Defendants and The Court Receiver .. Respondent None for the plaintiff. Ms. Kalpana Kanhere for defendant Nos. 3, 4 & 5. CORAM: R. G. KETKAR, J. DATED: 9th October, 2009. P.C. 1 This Notice of Motion is taken out by the plaintiff for setting aside the order dated 5th March, 2007 passed by this court (Mr. S.K. Shah, J.) dismissing the Notice of Motion No. 236 of 2006 for default and also for restoration of the said Notice of Motion. 2 2 The matter was listed for hearing before me on 28th August, 2009, when none appeared for the plaintiff. The matter was adjourned to 25th September, 2009. Again on that date none appeared on behalf of the plaintiff and the Notice of Motion was adjourned for dismissal to 9th October, 2009 i.e. today. Even today none appears for the plaintiff. It seems, the plaintiff is not interested in prosecuting the case. Hence, Notice of Motion stands dismissed for default. (R.G. KETKAR, J)