- 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 OF MOTION NO.1256 OF 2006 OF MOTION NO.1256 OF 2006 OF MOTION NO.1256 OF 2006 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.753 OF 2006 OF MOTION NO.753 OF 2006 OF MOTION NO.753 OF 2006 IN IN IN SUIT SUIT SUIT NO.382 OF 1995. NO.382 OF 1995. NO.382 OF 1995. Shri Jitendra Amritlal Shah. ..Plaintiff. v/s. Mr. Jeorge D’Souza & Ors. ..Defendants. And Guru Nanak Developers Pvt.Ltd. ..Applicant. .... Mr. N.R. Bubna, for the Plaintiff. Ms. Sangita Patil, i/b. A.G. Damle, for the Defendant No.3. .... CORAM CORAM CORAM: S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE DATE DATE : 25th NOVEMBER, 2008 : 25th NOVEMBER, 2008 : 25th NOVEMBER, 2008. P.C.: P.C.: P.C.: . This notice of motion is taken out by the applicant, Guru Nanak Developers Pvt. Ltd., seeking directions against the court receiver not to take possession of the suit premises, on the ground that the plaintiff while obtaining orders in notice of motion no.753/2006 had not disclosed certain facts. On 1st October 2008, when this notice of motion was called out for hearing, none appeared for the applicant. This Court (Coram : A.A. Sayed, J.) had, therefore, adjourned the matter. Today, once again the applicant and/or his advocate are absent. It is obvious that - 2 - the applicant is not interested to proceed with the notice of motion. 2. In view thereof the notice of motion stands dismissed for default. [S.J.KATHAWALLA,J.]