IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2522 of 2007. NOTICE OF MOTION NO.2522 of 2007. NOTICE OF MOTION NO.2522 of 2007. IN IN IN SUMMARY SUIT NO.1438 OF 2006. SUMMARY SUIT NO.1438 OF 2006. SUMMARY SUIT NO.1438 OF 2006. Mr.Prashant C. Dhagavkar ..Plaintiff versus D.D.Kadan & Anr. ..Defendants Mr.Pawar with Rajendra Kolge for the Plaintiff None for the Defendants CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 1st December, 2008. DATED : 1st December, 2008. DATED : 1st December, 2008. P.C. 1. Both the defendants are served. In fact, the defendant No.1 was present before the Court on 7.8.2007 and he was asked to file affidavit in reply. No such affidavit in reply is filed. Affidavit of service, so far as defendant No.2 is concerned, is taken on record. 2. Heard learned Advocate for the plaintiff. Perused affidavit in support. Affidavit in suport, in detail goes to show as to how the plaintiff and his advocate were under the impression that the suit would appear on board on 21.7.2008 as per praecipe and as to how they did not attend to the matter till 21.7.2008. The record also shows that -2- they came to know about dismissal of the suit on 18.6.2007 and the present motion came to be taken out on 9.7.2007 within the permitted period. 3. It appears that there was some confusion on the question of date on which the matter would appear and that is how the plaintiff and his advocate did not attend the matter on 4.6.2008 when it was called out. 4. In my view, case is made out for restoration of suit. Hence the Order. ORDER i. Motion is made absolute in temrs of prayer clauses (a) and (b) ii. There shall be no order as to costs. iii. Summary Suit No.1438 of 2006 is restored to the file of this Court. iv. Now that the suit is restored to file, plaintiff is permitted to take further steps in the suit in accordance with the provisions of law. -3- (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)