1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1367 OF 2008 IN SUIT NO.1596 OF 1998 Hilla Sevak Merchant & Anr. .. Plaintiffs Versus Kersy Hoshang Merchant .. Defendant and Tehmton Ardeshir Irani & Ors. .. Respondents Mr.Lokhandwala for plaintiffs Mr.B.H.Vyas for defendants Mr.P.Desai i/b. Billawala & Co. for respondent Nos. 1 and 2. CORAM : S.C.DHARMADHIKARI, J. DATE : 14th January 2009. P.C. . Mr.Vyas appearing for defendant states that he has received instructions from defendant not to file reply nor to oppose the relief claimed. However, respondent Nos. 1 and 2 have not filed any reply, although, the matter was adjourned prior to vacation and sufficient time 2 was granted to these respondents’s Advocate to take instructions and file affidavit, if any. 2. In the light of the above, if no affidavit is filed within one week, this Court will proceed to hear the plaintiffs and pass appropriate orders. (S.C.Dharmadhikari, J)