1 ndm 908 nms.760.08 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 760 OF 2008 IN SUMMARY SUIT NO. 1381 OF 2001 M/s. Avon Colour Corporation Vs. Girish Shah Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Prabhanjan B. Gujar for the Plaintiff. Mr. R.M.Vora i/b Bipin Joshi for the Defendant. CORAM : A.S.OKA, J. DATE : 14 th January, 2011. P.C. 1 Heard the learned counsel appearing for the Plaintiff in support of notice of motion. I have heard the learned counsel appearing for the Defendant who has opposed the notice of motion. On 19 th January, 2005, summons for judgment No.218 of 2003 taken out by the Plaintiff was disposed of for non- prosecution as the advocate for the Plaintiff did not remain present. 2 In the affidavit in support, it is stated that the advocate appointed by the Plaintiff was suffering from serious illness and he ultimately died on 25 th August, 2007. It is stated that the Plaintiff was not aware about the dismissal of the summons for judgment. 2 3 There is sufficient explanation for the absence of the Plaintiff. 4 Hence, a case for restoration is made out. The notice of motion is made absolute and Summons for Judgment No.218 of 2003 is restored to the file subject to payment of costs of Rs. 1,500/- by the Plaintiff to the Defendant within a period of three weeks from today. Summons for judgment shall be placed for hearing on 28 th February, 2011. [ A.S.OKA, J ]