mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2137 OF 2008 IN SUMMARY SUIT NO.2117 OF 2007 Jagdish Kasturchand Shah .. Plaintiff versus Mahendra M. Vagahani .. Defendant ... Ms.Kalpana R. Trivedi for the plaintiff. CORAM : D.G. KARNIK, J DATED : 16th June 2009 P.C:- 1. Heard learned counsel for the plaintiff. None present for the defendant though served. 2.` Plaintiff has filed on record affidavit of service sworn in by Jagdish K. Shah and his additional affidavit in support of the Notice of Motion. Despite service, defendant has not appeared. The averments made in the affidavit are therefore deemed to be admitted. For these reasons, motion is allowed in terms of prayer clause (b). Plaintiff is directed to serve the defendant again of the writ of summons after restoration. (D.G. KARNIK, J)