( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4458 OF 2007 NOTICE OF MOTION NO.4458 OF 2007 NOTICE OF MOTION NO.4458 OF 2007 IN IN IN APPEAL NO.911 OF 2003 APPEAL NO.911 OF 2003 APPEAL NO.911 OF 2003 IN IN IN SHOW CAUSE NOTICE NO.222 OF 2002 SHOW CAUSE NOTICE NO.222 OF 2002 SHOW CAUSE NOTICE NO.222 OF 2002 IN IN IN CONTEMPT PETITION NO.94 OF 2002 CONTEMPT PETITION NO.94 OF 2002 CONTEMPT PETITION NO.94 OF 2002 IN IN IN WRIT PETITION NO.2600 OF 2001 WRIT PETITION NO.2600 OF 2001 WRIT PETITION NO.2600 OF 2001 Lydia Co-op Housing Society & Anr. .. Appellant .. Appellant .. Appellants V/s Dayabhai Shambhu Gala & Ors. .. Respondents Mr.T.G.Vora i/by Mr.Bharat Joshi for the Appellants. Mr.A.L.Patki for Respondent Nos.1 to 3. CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. DATE : 5th December, 2007. DATE : 5th December, 2007. DATE : 5th December, 2007. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellants are seeking to recall the order dated 28.11.2007 whereby the Appeal was dismissed in default. Perused the affidavit in support of the Notice of Motion. For the reasons stated therein, sufficient cause is made out for recalling of the order dated 28.11.2007. There is no case of inaction, negligence or want of bonafide on the part of the Appellants. Hence the Notice of Motion is made absolute in terms of prayer clause (a). 2. Place the Appeal No.911/2003 on board for final hearing on 14.01.2008. ( 2 ) 3. Office is directed to immediately call for the Record and Proceedings from the Co-operative Court No.II, Ballard Pier, Mumbai with regard to the CC-II/152/01. (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.)