mst FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2516 OF 2010 IN SUIT NO.3123 OF 2008 Mahesh N. Valia and another Plaintiff versus Chandan M. Lunwat and others Defendants Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms.Prachi Khandge i/by M.P.Vashi & Associates for plaintiff. Ms.Minal Kaul i/by Dave & Girish & Co. for defendant no.4. CORAM : S.J.KATHAWALLA, J. DATE : 18th March 2011 1. By the present Notice of Motion the plaintiff seeks condonation of delay of 335 days in taking out the present Notice of Motion and for setting aside the order dated 13.8.2009 passed by the Prothonotary & Senior Master dismissing the above suit. The learned advocate for the plaintiff states that the writ of summons was not served on any of the defendants and, therefore, the Chamber Summons is not served on the defendants. Perused the affidavit-in-support of the Notice of Motion. The Notice of Motion is allowed in terms of prayer clauses (a) and (b). (S.J.KATHAWALLA, J.)