1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3600 OF 2008 IN SUIT NO.3649 OF 2007 Unisteels & Engineering Co.(P) Ltd. ...Plaintiff Vs. M/s. Raja Industries & Anr. ...Defendants Mr.Sohanraj Chopda for Plaintiff CORAM: SMT.ROSHAN DALVI, J. DATED: 8 TH DECEMBER, 2008 P.C. 1. This Suit came to be dismissed for default on 5th September 2008. Hence the Plaintiff has taken out this Notice of Motion for restoration of the Suit. The Plaintiff's Advocate has shown the board of the Court of 5th September 2008. The suit was on board at Sr. No.66 for Ex-parte decree. It reached and was dismissed for want of appearance of the Plaintiff's Advocate. The Plaintiff's Advocate states that his other matter was at Sr. No.64, which also reached hearing. For that matter the Plaintiff's Advocate was present. He appeared for the matter at Sr.No.66 later on that day. He applied for restoration of the Suit on the same day. The suit came to be restored by 2 Justice Kanade. However, the noting in that behalf has remained to be made. Hence this Notice of Motion is taken out. 2. Sufficient cause for setting aside the Ex-parte decree is made out. 3. The Plaintiff has served this Notice of Motion upon the Defendants through registered post. The packets have been returned after intimation was issued. This constitutes good service. The Defendants have not shown cause. 4. The Notice of Motion is made absolute in terms of prayers (a),(b) and ( c ). 5. The Suit is restored to file. It shall again appear on board for Ex-parte decree on 6th January 2009. (SMT. ROSHAN DALVI, J.)