-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1457 OF 2010 IN APPEAL NO. 819 OF 2004 IN WRIT PETITION NO. 68 OF 2003 Shanti Daryanomal Talreja ... Appellant vs. R.D. Javkar and others ... Respondents Mr. Harish Motwani, instructed by Mr. G.D. Talreja & Associates, for the appellant. Ms. V. Nirmala Gopal for respondent No.1. None for respondent Nos. 2 and 3. CORAM: P.B. MAJMUDAR & ANOOP V. MOHTA, JJ. DATE: AUGUST 25, 2010. P.C. Heard the learned counsel appearing in the matter. After considering the submissions of both sides, in our view, this Notice of Motion is required to be allowed by restoring the appeal on file. Learned counsel for the appellant has assured the Court that as and when the appeal is notified for hearing, he will not ask for any adjournment and will proceed with the matter. The said assurance is recorded. The Notice of Motion is accordingly allowed by restoring the Appeal on file. The Appeal to be listed for hearing in due course. P. B. MAJMUDAR, J. ANOOP V. MOHTA, J.