1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 1821 OF 2007 IN NOTICE OF MOTION NO. 2842 OF 2005 IN SUIT NO. 200 OF 2004. Punjab & Sind Bank. ..Plaintiff. v/s. Devinderjit Singh & Ors. ..Defendants. .... Mr. S.H. Patel, for Plaintiff. .... CORAM : S.J.KATHAWALLA, J. DATE : 27TH NOVEMBER 2009. P.C. This notice of motion is taken out by the plaintiff for setting aside the order dated 16th April 2007 dismissing notice of motion no.2842 of 2005 and for restoration of the notice of motion. The defendants and their Advocates are absent though the present notice of motion is served on the Advocate for the defendants on 6th June 2007. 2. As set out in the affidavit in support of the above notice of motion, the said notice of motion no.2842 of 2005 was before the Court presided by Justice D.K. Deshmukh on 16th April 2007 at serial no.114. The board from serial no.96 was transferred before the Court presided by Justice D.G. Karnik. The notice pertaining to the transfer of Board escaped the attention of the Advocate for the 2 plaintiff, because of which the learned Advocate for the plaintiff could not appear before the Court presided by Justice D.G. Karnik and the notice of motion no.2842 of 2005 stood dismissed in default. 3. In my view, sufficient cause is made out by the plaintiff for setting aside the order of dismissal of notice of motion no.2842 of 2005 in default and for restoration of the said notice of motion. 4. In view thereof, the notice of motion is made absolute in terms of prayer clause (a). The learned Advocate appearing for the plaintiff shall forthwith give notice to the defendants as well as the Advocates for the defendants by Registered Post A.D. and/ or by hand delivery informing them that the said notice of motion no.2842 of 2005 is restored to file and kept for final hearing on 4th January 2010. 5. Place the notice of motion no.2842 of 2005 for final hearing on 4th January 2010. 6. Notice of motion is accordingly disposed of. [ S.J.KATHAWALLA, J. ]