1 nms3036-10 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3036 OF 2010 WITH NOTICE OF MOTION NO.1898 OF 2009 IN SUIT NO.1277 OF 2009 Beema Majoj Dave and Anr. .. Plaintiffs Vs. M/s.Aditya Developers and Ors. .. Defendants Ms.Malika A. Ingale for the plaintiffs None for the defendants CORAM : S.C.Dharmadhikari, J. DATE : December 3, 2010 P.C. : 1. On 8.10.10, the plaintiffs and their advocate were absent. That is why the motion was dismissed in default. 2. This is an application for restoration of that motion. Today, the plaintiffs advocate states that copy of this application has been served by hand delivery and under certificate of posting, so also, by speed post on the defendants. 2 nms3036-10 3. None appears on behalf of the defendants. They were absent also on 8.10.10. For the reasons set out in the affidavit in support, the order dismissing the motion in default is set aside. Notice of Motion No.1898 of 2009 is restored to file. No order as to costs. 4. Notice of Motion No.3036 of 2010 is disposed of accordingly. ( S.C.Dharmadhikari, J. )