-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No.1480 of 2009 in Suit No.3136 of 2005 M/s Suraksha Trade and Engineering Service Private Limited ..Plaintiff vs. Krishna Govind Pillai alias Krishna Govind Prasad ..Defendant Mr.Rahul Mehta i/b KMC Legal Venture for plaintiff None for defendant. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. CORAM S.J.KATHAWALLA J. 5th May, 2008 5th May, 2008 5th May, 2008 P.C. P.C. P.C. 1. The notice of motion is taken out by the plaintiffs for setting aside the order of dismissal dated 29th April, 2008 passed by the Prothonotary and Senior Master dismissing the suit no.3136 of 2005 on the ground that the affidavit of service of writ of summons was not filed by the plaintiff. The plaintiffs have set out in paragraph 4 the particulars of service on the defendants of the writ of summons and that the acknowledgement of service of writ of summons being lost. The plaintiffs have served the notice of motion on the defendants as can be seen from Exhibits B and C to the affidavit in support of the notice of motion. However, it appears that the defendants have -2- thereafter shifted from their last known address. It is submitted by the learned Advocate for the plaintiffs that the defendants are absconding since they are being founded by their various creditors. In view thereof, the notice of motion is made absolute in terms of prayer clause (a) with a condition that the plaintiffs shall serve the writ of summons in the suit on the defendants by publication within a period of 16 weeks from today. 2. Notice of motion stands disposed of with no order as to costs. (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.) (S.J.KATHAWALLA J.)