-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2345 OF 2008 IN SUIT NO. 2255 OF 2000. Neetu Narain Tolani. ..Plaintiff. Versus Mrs. Manisha Rajesh Jaiswal & Anr. ..Defendants. AND East West Frieght Carriers Pvt. Ltd. ..Applicant. None for the plaintiff and the defendants. Coram : R. V. MORE, J. Date : January 15, 2010. P. C. : 1. Heard learned counsel for the applicant. None appears on behalf of the the plaintiff and the defendants, though served. The present notice of motion is taken out by the applicant for restoration of Chamber Summons No. 995 of 2003. The said chamber summons was taken out by applicant for impleadng him as party defendant in the above suit. The said chamber summons appeared on board on 2nd June 2006 and as nobody appeared on behalf of the applicant the same was dismissed for non prosecution. 2. The averment is made in the affidavit-in-support of the present notice of motion that in fact the said chamber summons was due to appear on board on 5th June 2008, however, wrongly it appeared on board on 2nd -: 2 :- June 2008 and therefore the counsel of the applicant could not attend the matter when the chamber summons was called out for hearing. This statement is not controverted either by the plaintiff or the defendants by filing affidavit-in-reply, therefore, the applicant's averments are deemed to have been admitted by them. In above circumstances, the present notice of motion is allowed in terms of prayer clause (a). 3. Chamber Summons No. 995 of 2003 to come up on board on 22nd January 2010. Learned counsel for the applicant undertakes to intimate all the parties about the next date of hearing. 4. Notice of motion stands disposed of. (R.V. MORE, J.)