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. 125 OF 2005 IN WRIT PETITION NO. 941 OF 2001 Ramesh Dudani .. Petitioner V/s. Juhu Supreme Shopping Center Co-operative Society Limited & Anr. .. Respondents Mr. Rajshekhar Govilkar for the Petitioner Ms. Madhavi R. Dudhani for the Respondent No. 2 CORAM : DR. D.Y. CHANDRACHUD, J. CORAM : DR. D.Y. CHANDRACHUD, J. CORAM : DR. D.Y. CHANDRACHUD, J. DATED : 27TH APRIL, 2005 DATED : 27TH APRIL, 2005 DATED : 27TH APRIL, 2005 P.C.:- P.C.:- P.C.:- 1. The Petition has been dismissed in default on 30.6.2004. The circumstances, in which the matter remained to be attended by the learned Advocate appearing on behalf of the Petitioner, has been adverted to in paragraph no. 3 of the Affidavit in support. Sufficient cause has been shown for the restoration, however, having regard to the fact that the Respondent appears in person, an order for payment of costs, should, in my view be passed in the interests of justice. Motion is made absolute in terms of prayer clause (a) and (b) subject to payment of costs, quantified at Rs. 1,500/- (Rs. One Thousand Five Hundred Only) to be paid within a week from today. Payment of costs to be condition precedent. Petition be placed on the Board after vacation. ....