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. 2520 OF 2008 NOTICE OF MOTION NO. 2520 OF 2008 NOTICE OF MOTION NO. 2520 OF 2008 IN IN IN NOTICE OF MOTION NO. 551 OF 2008 NOTICE OF MOTION NO. 551 OF 2008 NOTICE OF MOTION NO. 551 OF 2008 IN IN IN SUIT NO. 2429 OF 1997 SUIT NO. 2429 OF 1997 SUIT NO. 2429 OF 1997 Naina Deepak Kamani ...Plaintiff Vs. Janson Engineering & Trading P.Ltd. & Ors. ...Defendants Ms.Sheetal Kumar i/b. M/s.M.M. Patel & Co. for the Plaintiff. Mr.B.S. Chandani i/b. M/s.Lexim Associates for defendant No.7. Mr.K.L. Vyas, Court Receiver present. Mr.Shivkumar Tulsian, Constituted Attorney of Defendant No.6 present. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JULY 23, 2008 DATED : JULY 23, 2008 DATED : JULY 23, 2008 P.C. :- P.C. :- P.C. :- . Heard Mr.Chandani, learned Counsel appearing on behalf of defendant no.7. He submits that Notice of Motion No.551 of 2008 was dismissed by this Court by order dated 16th June, 2008. He submits that he was out of Bombay as he had a matter in the Apex Court and therefore, he could not remain present. He submits that the learned Judge ought to have given time and should have adjourned the Notice of Motion. He submits that - 2 - sufficient cause has been shown why the defendant’s counsel could not remain present, therefore, the said order should be recalled. . I have perused the order. Sufficient cause has been shown by defendant no.7 why his Counsel could not remain present when the matter was called out. Order dated 16th June, 2008 is recalled. Notice of Motion is allowed. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)