1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3466 OF 2009 IN APPEAL NO. 84 OF 2006 IN SUMMONS FOR JUDGEMENT NO. 241 OF 2003 IN SUMMARY SUIT NO. 136 OF 2009 Lalit Bar And Restaurant .. Appellant Versus Brindco Sales Limited .. Respondent Lucky Raj Indorkar i/by Hariani & Co. for the appellant CORAM : B.H. MARLAPALLE & SMT. V. K. TAHILRAMANI, JJ. DATE : 12 th March, 2010 P.C.: 1. This motion has been taken out for restoration of Appeal No. 84 of 2006. The said appeal arises from Summons for Judgment No. 241 of 2003 in Summary Suit no. 136 of 2003. 2. The learned counsel for the appellant now states that Summary Suit No. 136 of 2003 has been dismissed in the meanwhile (on 15 th September, 2009) and, therefore, this motion does not survive. 3. The motion is rejected as infructuous. (SMT. V. K. TAHILRAMANI, J.) (B.H. MARLAPALLE, J.)