1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.2237 of 2008 IN Suit No.2269 of 2004 Syndicate Bank .. .. Plaintiff v/s. Prashant T. Sabale & ors. .. Defendants Mr.Kezer Kherawala i/by Mr.Rajan Pillai for Plaintiff. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 13 th October, 2008 P.C. : 1. The Plaintiff's Notice of Motion is for setting aside the order of the Official Assignee dated 6.12.2007 dismissing the Suit. No steps have been taken in the Suit. The Writ of Summons is also not served. The Plaintiff's Advocate now undertakes to take steps in the Suit. The Notice of Motion has been served upon the Defendants by tendering copy thereof. Such a statement is made by the Plaintiff's Advocate. The Notice of Motion was tendered along with a covering letter. The covering letter informs about today's date of hearing. The Defendants, therefore, have a notice of this hearing. The notice has been pasted as directed on 29 th September 2008. The only order that can be passed in the Notice of Motion is either setting aside the order of the Official Assignee or 2 rejecting the Notice of Motion altogether. 2. In the interest of justice, the order dated 6.12.2007 is set aside provided, however, that the Writ of Summons is served upon the Defendants within 6 weeks from today. If the Writ of Summons is not served within 6 weeks and Affidavit to that effect is not filed within 6 weeks, the Suit shall remain dismissed. 3. Issuance of Writ of Summons is expedited. 4. The Notice of Motion is disposed of accordingly. [SMT.ROSHAN DALVI, J.]