: 1 : nms-289-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 289 OF 2010 IN SUIT NO. 3322 OF 2002 Bank of Maharashtra .. Plaintiffs v/s. Rajendra Devidas Shah .. Defendant ......... Mr. G.D. Utangale i/by M/s. Utangale & Co. for the plaintiffs in support of NMS. ......... CORAM : R.Y.GANOO, J. DATE : 16th SEPTEMBER,2010. P.C. : 1. Looking to the nature of the order passed on 6th October, 2008, which is sought to be set aside, there is no need to hear the defendant. In view of affidavit in support of the notice of motion, I am inclined to grant this motion so as to restore the suit to the file by accepting the affidavit of service filed by the plaintiffs. Hence, following order is passed to dispose of the notice of motion. : 2 : nms-289-10=.sxw ORDER (i) Notice of Motion is made absolute in terms of prayer clauses (a) to (c). There shall be no order as to costs. 2. Affidavit dated 4th October, 2008 explaining about return of the packet with the remark ‘left’ is tendered. This will mean that the service is not completed. Plaintiffs will have to apply for appropriate orders to serve the defendant by substituted service. Affidavit is taken on record. Matter to appear for directions before the Prothonotary and Senior Master on 12th October, 2010. (R.Y.GANOO, J.)