-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3179 OF 2008 IN SUIT NO. 494 OF 2004. M/s. Mandovi Pellets Ltd & Anr. ..Plaintiffs. Versus M/s. Transindia Freight Services (P) Ltd. ..Defendants. Ms. Sanidha Vedpapthak i/b M/s. Maneksha & Sethna for applicant- defendants. None for the plaintiffs. Coram : R. V. MORE, J. Date : January 13, 2010. P. C. : 1. This notice of motion is filed by the defendant for setting aside the order dated 10th October 2007 passed by the Official Assignee. By the said order, suit is transferred to the list of undefended suits for non filing of the written statement by the defendant. 2. The reasons for non filing of the written statement are given in paragraph no.2 of the affidavit-in-support of the notice of motion. It is stated that the defendant - company was in the process of demerger through a scheme of arrangement under the provisions of Sections 391 to 394 of the Companies Act, 1956, which process was completed only in the month of May 2008. The said reasons given by the defendant for setting -: 2 :- aside the order dated 10th October 2007 is not controverted by the plaintiffs by filing affidavit-in-reply. Today nobody appears on behalf of the plaintiffs. Therefore, the said reasons are deemed to have been accepted by the plaintiffs. In the circumstances, notice of motion is allowed in terms of prayer clauses (a), (b) and (c). 3. In view of the above order, suit is transferred to the list of commercial causes suit. (R.V. MORE, J.)