1 67.nms-759-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 759 OF 2008 IN SUIT NO. 1575 OF 2004. Irfan Aziz Petiwala. ..Plaintiff. vs. Altaf Husain Vasaikar & Ors. ..Defendants. .... None for Plaintiff. Mr. M.M. Khokhawala, for Defendant No.4. .... CORAM : S.J. KATHAWALLA, J. DATE : 19TH SEPTEMBER 2011. P.C. : Heard the learned Advocate appearing for the Defendant No.4. None appears for the other Defendants though served. The Affidavit proving Service dated 19th March 2008 is on record. 2. Perused the Affidavit in support of the Notice of Motion. For the reasons set out in the said Affidavit, in my view, sufficient cause is shown for setting aside the conditional order dated 1st August 2005 and restoring the Chamber Summons No. 375 of 2005 on record. The Notice of Motion is allowed in terms of prayer clauses (a) and (b). 3. Place the Chamber Summons No. 375 of 2005 for hearing and final disposal on 3rd October 2011. The Advocate for the Defendant No.4 shall serve a copy of this order on the Plaintiffs as well as the other Defendants and/or their Advocates. [ S.J. KATHAWALLA, J. ]