rpa IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 4446 OF OF MOTION NO. 4446 OF OF MOTION NO. 4446 OF 2007 2007 2007 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 1999 OF 2007 OF MOTION NO. 1999 OF 2007 OF MOTION NO. 1999 OF 2007 IN IN IN APPEAL APPEAL APPEAL NO. 365 OF 2007 NO. 365 OF 2007 NO. 365 OF 2007 IN IN IN SUMMONS SUMMONS SUMMONS FOR JUDGMENT NO. 537 OF 2006 FOR JUDGMENT NO. 537 OF 2006 FOR JUDGMENT NO. 537 OF 2006 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 2426 OF 2006 SUIT NO. 2426 OF 2006 SUIT NO. 2426 OF 2006 Selvel Publicity & Consultants Pvt. Ltd. ...Appellant. Vs. Nutan Advertising Agency Pvt. Ltd. ...Respondent. Ms. Neeta Solanki i/b. Kiran Jain & Co. for the Appellant. Mr. H.V.Chande for the Respondent. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATED DATED DATED : 12th DECEMBER, 2007 : 12th DECEMBER, 2007 : 12th DECEMBER, 2007 P.C. P.C. P.C. . Heard the learned Counsel for the Appellant and the learned Counsel for the Respondent. Perused the Notice of Motion and the affidavit in support of the Notice of Motion dated 28th November, 2007. For the reasons stated in the Notice of Motion it appears erroneously that the Appellant had directly prepared the Bank Guarantee without a draft being settled by the learned Prothonotary & Senior Master. In view thereof, today the Appellant has prayed that the ( 2 ) Appellant be granted time to get the Bank Guarantee approved by the learned Prothonotary & Senior Master so as to enable them to file a fresh Bank Guarantee with the approval of the learned Prothonotary & Senior Master of this Court. The learned Counsel for the Respondent/ Original Plaintiff Mr. Chande also fairly agrees to the same. Under such circumstances, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). It is made clear that the Appellant shall get the draft Bank Guarantee approved by the learned Prothonotary & Senior Master within a period of four weeks from today and file the said Bank Guarantee within a week after the approval of the same. Notice of Motion stands disposed of. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)