IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.685 OF 2008 NOTICE OF MOTION NO.685 OF 2008 NOTICE OF MOTION NO.685 OF 2008 IN IN IN APPEAL NO.32 OF 2007 APPEAL NO.32 OF 2007 APPEAL NO.32 OF 2007 IN IN IN SUIT NO.4202 OF 1993 Hormaz Jal Muncherjee .. Appellant V/s CITI Bank N.A. .. Respondent Mr.K.P.Anilkumar for the Appellant. Mr.Tushar Bhavsar i/by M/s.Ramesh Makhija & Co.for Respondent. CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. DATE : 26th February, 2008. DATE : 26th February, 2008. DATE : 26th February, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking recall of the order dated 8.2.2008 whereby the Appeal was dismissed in default. The learned Counsel for the Respondent Bank has strongly opposed this Notice of Motion for restoration of the Appeal. However having regard to the facts and circumstances indicated in the affidavit in support of the Notice of Motion, sufficient cause is made out for recalling of the order dated 8.2.2008. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). 2. Place the Appeal on board for admission on 10th March, 2008. (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.)