1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.762 OF 2009 IN SUIT NO.73 OF 2001 MTNL Mumbai Plaintiff versus Coloseum Products Pvt.Ltd. and others Defendant None for the plaintiff. Mr.S.R.Saudagar for defendant no.3. CORAM : S.J.KATHAWALLA, J. DATE : 25th February 2011 PC : 1. By this Notice of Motion the defendant no.3 prays that the order dated 2.12.2008 passed by the Registrar (Judicial-II), High Court, Bombay transferring the suit to the list of undefended suits be set aside and the written statement of the defendant no.3 may be accepted which is filed on 12.12.2008. Though the Notice of Motion is served on the advocate for the plaintiff on 2.3.2009, no affidavit-in-reply is filed on behalf of the plaintiff. 2. Perused the affidavit in support of the Notice of Motion more particularly paragraphs 2 to 4. In my view, sufficient cause is made out by the defendant no.3 for setting aside the order passed by the Registrar (Judicial-II), High Court, Bombay dated 2nd December 2008. The Notice of Motion is allowed in terms of prayer clause (a). Place the suit for framing of issues on 14.3.2011. (S.J.KATHAWALLA, J.)