IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Appeal (Ld) No. 125 of 2005 in Notice of Motion No. 2434 of 2004 in Suit No.2492 of 2004 Housing Development Finance Corporation Ltd. ..Appellants vs. 1. Neeta Vasant Pai & Ors. ..Respondents Mr.H.N.Thakore i/b M/s Thakore Jariwala & Co. for appellants. Ms.Rasi Radhakrishnan i/b Mr.Mohan Nair for respondent no.6 CORAM: A.P.SHAH & CORAM: A.P.SHAH & CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. S.J.VAZIFDAR JJ. S.J.VAZIFDAR JJ. 24th February,2005 24th February,2005 24th February,2005 P.C. P.C. P.C. 1. Heard the learned Counsel for appellant and respondent no.6. Respondent nos.1 to 5 are absent despite service. 2. The appellant H.D.F.C.Ltd. is the original plaintiff and has filed the present suit for recovery of loan granted to respondent nos. 1 and 2 for acquiring certain industrial galas. The appellant took out a Notice of Motion for interim relief which came to be dismissed for default on 10th February, 2005. Considering the fact that the board suddenly collapsed and the application for restoration was moved on the very next date, we are inclined to set aside the order of dismissal of the Notice of Motion. Appeal is accordingly allowed. The order of the learned single Judge is set aside. Notice of Motion is restored to file. 3. Issuance of certified copy expedited.