: 1 : N-1807-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO. 1807 OF 2009 IN EXECUTION APPLICATION NO.405 OF 2009 IN DISPUTE NO. H/03/225 The Madhavpura Mercantile Co-op. Bank Ltd. .. Plaintiffs v/s. Super Chem Corporation & Co. & Ors. .. Defendants ......... Mr. A.K. Sharma for the claimants ......... CORAM : R.Y.GANOO, J. DATE : 10th FEBRUARY, 2011 P.C. : 1. Perused affidavit of service. On 24th January, 2011 it was wrongly observed that notice is not served upon respondent no.1. After having perused affidavit of service, it is clear that notice is served upon respondent no.1. Hence, earlier order dismissing notice against respondent no.1 is passed through oversight and is accordingly recalled. No affidavit-in-reply is filed by respondent no.1 as well as respondent no.3. This notice can be made absolute. Accordingly, following order is passed. : 2 : N-1807-09=.sxw ORDER (i) Notice under Order XXI Rule 22 of CPC is made absolute so far as respondent nos. 1 and 3. There shall be no order as to costs. (ii) Execution to proceed against respondent nos. 1 and 3. (R.Y.GANOO, J.)