- 1 - 905.nms918.2011..s.605.82 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.918 OF 2011 IN NOTICE NO.568 OF 2009 IN EXECUTION APPLICATION NO.147 OF 2009 IN SUIT NO.605 OF 1982 Smt.Amrit Kaur Sethi ..Applicant (Orig.Defendant No.3) -Versus- Syndicate Bank & Ors. ..Defendants (Orig. Plaintiffs) .......... Ms.Radha H.Bhandari i/by M.V.Kini & Co. for the Plaintiff. Ms.A.R.Khanna for Defendant No.3. .......... CORAM : S.J. KATHAWALLA, J. DATE : 22ND MARCH 2011. P.C. 1 By this Notice of Motion, the Applicant-Original Defendant No.3 seeks to set aside the order passed by this Court on 24th January 2011 whereby the Notice under Order 21 Rule 22 was made absolute. 2 The learned Advocate appearing for the Applicant points out that her - 2 - 905.nms918.2011..s.605.82 appearance was not shown on the cause list of 24th January 2011 when the said order was passed. She points out that on an earlier occasion also her appearance was not shown on board and this Court had by its order dated 22nd March 2010, directed the office to show her appearance on the board. The learned Advocate appearing for the Plaintiff opposes the Notice of Motion on the ground that the Plaintiff has not made any efforts to find out as to why her appearance was not shown on the board. The Advocate for the Applicant is not required to make any inquiries in the matter. Once a Vakalatnama is filed by an Advocate on behalf of his client the Office is required to show the appearance of the Advocate on the cause list. 3 In the circumstances, in my view, sufficient cause is shown for setting aside the order dated 24th January 2011. The Notice of Motion is allowed in terms of prayer clause (a). Place the Notice No.568 of 2009 in Execution Application No.147 of 2009 for hearing and final disposal before this Court on 29th March 2011. The Notice of Motion is accordingly disposed of. [ S.J. KATHAWALLA, J. ]