ata 1 1.30.nms.507.11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.507 OF 2011 IN SUIT NO.988 OF 2009 Ronak Choksi .. Plaintiff versus Yogesh Kela and ors ..Defendants --------------------------- Rashmin Khandekar i/b Sandeep Karu,for the plaintiff None for the defendants. CORAM: S.J.KATHAWALLA, J. DATED: MARCH 25, 2011 P.C. By this Notice of Motion, the plaintiff has prayed that the order dated 21st January, 2011 dismissing the Suit for want of prosecution be set aside and the Suit be restored to file. 2. Heard learned Advocate for the Plaintiff. It is pointed out that on 21st January, 2011 the Suit had appeared on Board under the caption of ‘ex-parte decree’. It was dismissed for ata 2 1.30.nms.507.11.sxw want of prosecution because the Advocate for the Plaintiff was not present when the suit was taken up for ex-parte hearing. For reasons set out in paragraph no.8 of the Affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clauses(a) and (b). The Notice of Motion is accordingly disposed of. ( S.J.KATHAWALLA, J )