1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.490 OF 2007 IN WRIT PETITION NO.985 OF 2007 M/s.Devaunshi Gopal. ..Applicant/- Org. Petitioner. V/s. Kumari Rukhsana Shaikh. ..Respondent. Mr.Shailesh More i/b. S.M.Naik for Petitioner/- applicant in support. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 31, 2008. DATE : JANUARY 31, 2008. DATE : JANUARY 31, 2008. P.C. : P.C. : P.C. : 1. None appears for the Respondent though served. 2. In fact, the matter has been appearing under caption "settlement", but was adjourned on the earlier occasion, as according to the Counsel for the Petitioner, the Consent Terms arrived at between parties were in possession of the advocate for the Respondent. However, for last two dates the Respondent has not chosen to appear either personally or through Counsel. In the circumstances, the Motion has to proceed on its own merits. 2 2. Having perused the explanation offered in the affidavit in support of the Motion, in my opinion, the Application deserves to be allowed in terms of prayer clauses (a) and (b) on condition that the Petitioner shall furnish bank guarantee in the sum of Rs.One Lakh in favour of the Registrar (O.S.)/Prothonotary and Senior Master, High Court, Bombay, which Bank Guarantee should be kept alive till further orders, to be passed by this Court in the restored Writ Petition. 3. Bank Guarantee be furnished within two weeks from today, which is condition precedent for restoration of the Writ Petition. 4. Restored Writ Petition be placed for admission as per its turn. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)