IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.841 OF 2007 IN SUM.SUIT NO.2496 OF 2006 M/s.Famous Studios Limited .. Plaintiff V/s M/s.Pace Communications .. Defendant Mr.R.K.Thakkar for the Plaintiff. None for Defendant. CORAM : R.G.KETKAR, J. DATE : 28th August, 2009. P.C.: 1. This notice of motion is taken out by the plaintiff for setting aside the order dated February 27, 2007 passed by this Court (D.K.Deshmukh, J.) dismissing the suit for default, and for restoration of the suit to file of this Court and for fixing the suit for exparte decree against the defendant. This notice of motion was taken out on March 1, 2007. The plaintiff has filed joint affidavit of Sanjay Dhamapurkar, Bailiff of Sheriff of Mumbai and Atmaram Ravatmal Sharma proving the service of notice of motion on Manoj Nair, Accountant of the Defendant.Despite service defendant has not entered appearance and nobody is present in court on behalf of the defendant. 2. Hence, notice of motion is made absolute in terms of prayer clause (a), with no order as to costs. 3. As and when the matter will be taken up for passing exparte decree against the defendant, the Court will consider whether it is necessary to give fresh notice to the defendant before passing the decree. 4. Liberty to move the regular court. (R.G.KETKAR, J.)