1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3092 OF 2005 IN SUIT NO.2813 OF 2005 Rohini Dipak Kumar Hikmatsingka. ...Plaintiff. vs. 1.Jyotsana Rajgarhia & others. ...Defendants. --- Mr.Rahul Dwarkadas i/b. Wadia Gandhy, for Plaintiff. Mr.H.S.Khokawala i/b. Nankani & Associates, for Defendant no.1 Mr.Rajesh Rathod i/b. Bilawala & Co., for Defendant no.3. CORAM: D.K.DESHMUKH,J. DATED: 8th June,2007. P.C.:- 1. By this notice of motion, relief is claimed only against the defendant no.1. The learned Counsel appearing for defendant no.1 states that the defendant no.1 shall continue to abide by the statement 2 made on behalf of the defendant no.1 which is recorded in the order dated 21.10.2005, during the pendency of the suit. The statement is accepted. 2. So far as the defendant no.2 is concerned, the defendant no.2 has been served. Affidavit of service has been filed. The defendant no.2 has not filed any reply. In the absence of any reply, accepting the averments made in the affidavit filed in support of the notice of motion at face value, the notice of motion is granted in terms of prayer clause (a) as against the defendant no.2. Notice of motion is disposed of. ---