NMS3499-10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3499 OF 2010 IN SUIT NO.1242 OF 2010 Asgarali Kasam Ghavate .. Plaintiff Versus Naseem Ahmed Sheikh & Ors. .. Defendants Mr.S.Bobade i/b. M.Subramanian for plaintiff Mr.J.H.Ramagude for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd December 2010. P.C.: 1] Mr.Bobde learned Counsel for plaintiffs submits that the urgency in this motion being restored is that on account of the order of dismissal of the main motion, the ad-interim order dated 15th May 2009 stands vacated and that will cause prejudice to the plaintiffs. 2] He submits that the copies of today’s notice of motion with the affidavit in support have been duly served. Mr.Bobde states that on or NMS3499-10 2 before 10th January 2011 an affidavit proving service on all defendnts will be filed. The contesting defendant Nos. 1 and 2 both are absent whereas defendant Nos. 3 to 7 are present on notice. 3] For the reasons set out in the affidavit in support the order dismissing the Notice of Motion No.1779 of 2009 is set aside and the notice of motion is restored to the file of the suit with the ad-interim order dated 15th May 2009. 4] List the main motion for hearing and final disposal as per its turn. Notice of motion No.3499 of 2010 is disposed of. (S.C.DHARMADHIKARI, J)