Nm 2089.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION 2089/2009 IN SUIT 51/1990 Arvind Pimputkar Plaintiff Vs. Nandu Nalavade & Ors. Defendants Mr.A.Q.Ansari for Plaintiffs None for Defendants CORAM : D.G. KARNIK, J. DATED :11th OCTOBER,2011. P.C. . Heard learned counsel for the plaintiff. 2 None present for the defendants though served by public notice as per affidavit of service dated 30/9/2011. 3 This Notice of Motion is taken out by the plaintiff for restoration of a suit dismissed in default for non appearance of the Nm 2089.09 2 plaintiff on 28/1/2009. Since the defendants are absent and have not filed any affidavit in reply, the averments made in the affidavit in support of the Notice of Motion are deemed to be admitted. Hence for the reasons mentioned in paragraphs 8 and 9 of the affidavit in support of the Motion, the Motion is allowed in terms of prayer clause (a) and (b) . 4 Issue fresh notice to the defendants of restoration of the suit. (D.G. KARNIK,J.)