-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.467 OF 2007 IN WRIT PETITION NO.86 OF 2007 Hiral A. Baxi ).. Petitioner Versus The Borivali Education Society and others ).. Respondents Mr. D.J. Halai i/b. M.P. Vashi & Associates for the Petitioner/Applicant. Mr. S.J. Panicker for Respondent Nos.1 and 2. CORAM: SWATANTER KUMAR, C.J. & V.M. KANADE, J. DATE: APRIL 25, 2008. P.C. We have heard the learned Counsel appearing for the parties. 2. It is contended by the learned Counsel appearing for the non- Applicants that correct dates have not been reflected in the affidavit in support of the Notice of Motion on which the case is based. The absence of the Applicant is stated to be not for bona fide reason. We are unable to find merit in this contention. Of course, the dates may not have been correctly stated, but the fact that the Petitioner was carrying -2- and subsequently delivered a child is the reason sufficient for default. The Clerk of the learned Counsel is stated to have not informed the date. Application is allowed subject to just exceptions. 3. In view of the above circumstances, Notice of Motion made absolute in terms of prayer clause (a). Order dated 12th June 2007 is recalled. Writ Petition is restored to file and its original number. 4. List the Writ Petition for admission on 28th June, 2008. CHIEF JUSTICE V.M. KANADE, J.