- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 4155 OF 2006 IN SUIT No. 3318 OF 1991 Mrs. Neeta Neelkanth Shetye ... Plaintiff Vs. M/s. Shalom Development Corporation and 6 Ors. ... Defendants *** Mr. Shriram S. Redij, for the Plaintiff. None for the Defendants. *** CORAM : S. J. VAZIFDAR, J. DATE : OCTOBER 6, 2009. PC :- 1. This Notice of Motion is taken out for the restoration of the suit. From the affidavit in support of the Notice of Motion, it appears that the suit was dismissed for default, on account of the advocate’s absence. Further it appears that she was not in turn informed by her clerk about the matter being on board. The plaintiff was otherwise prosecuting the suit diligently. This is clear from the interim proceedings adopted by the plaintiff. 2. In the circumstances, the Notice of Motion is made absolute in terms of prayer Clauses (a) and (b).