:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE NO. 1330 OF 2008 NO. 1330 OF 2008 NO. 1330 OF 2008 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 231 OF 2008 APPLICATION NO. 231 OF 2008 APPLICATION NO. 231 OF 2008 IN IN IN ARBITRATION ARBITRATION ARBITRATION REFERENCE NO. 705 OF REFERENCE NO. 705 OF REFERENCE NO. 705 OF 2001 2001 2001 Madhukar Sheth. ...Plaintiff. V/s. Kamlesh C. Patel. ... Defendant. None for the Plaintiff. None for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 8TH 8TH 8TH DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . The Office report shows that the returnable date was extended from 7th November 2008 till 5th December 2008. The Notice is taken out on 8th December 2008 but there is no proof of its service, placed on record. None appears for the Plaintiff/Decree Holder either. In these circumstances, Notice is dismissed for want of prosecution. However, this order does not prevent the Decree Holder from seeking leave under Order 21 Rule 22 of C.P.C. afresh. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)