IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3027 OF 2009 IN APPEAL NO.828 OF 2007 Rasiklal V. Vora ..... Appellant vs. Rochal Industrial & Ors. ..... Respondents Ms.R.P. Safari, Advocate for appellant. None for respondent. CORAM : J.N. PATEL & SMT.R.P.SONDURBALDOTA, JJ. DATED : 16th October, 2009. PC : 1. Heard learned counsel for the appellant. 2. Learned counsel for the appellant states that she has filed affidavit of service. None appears for the respondents. 3. For the reasons stated in the affidavit-in-support of Notice of Motion, we condone the delay and set aside the order dated 8th June 2009. As a result, Notice of Motion no.3165 of 2007 is restored to file. The same may be listed for admission and hearing to 16th November 2009 subject to the appellant’s giving fresh notice to the respondents in respect of Notice of Motion No.3165 of 2007. Notice be sent by registered Post A/D in addition to usual mode of service. Stand over to 16th November 2009. (Smt.R.P.SondurBaldota,J.) (J.N. Patel, J.)