1 NMS 3517.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3517 OF 2010 IN SUIT NO. 1930 OF 2009 Umarani D. Poddar. ... Plaintiff. V/s. Shantibai S. Jhuria and Ors. ... Defendants. Mr. Rathod i/b. P. P. Kulkarni for the Plaintiff. Mr. Bhandary i/b. P.M. Bhandari for Defendant No.8. Ms. A. Mehta i/b. Kishore. CORAM : S.J. KATHAWALLA, J. DATED : 06th JULY 2011. P.C. :- Not on Board, taken on Board. 2. The above Notice of Motion is taken out by the Plaintiff for setting aside the order dated 1st December 2010 dismissing the Notice of Motion No.2771 of 2009 for default and to restore the same to file. 3. The above Notice of Motion is taken out within 6 days from the date of dismissal of the Notice of Motion 2771 of 2009. Though the same is served on the Defendants, none of the Defendants have filed their reply to the same. 2 NMS 3517.10.sxw 4. I have perused the reasons set out in the affidavit dated 7th December 2010 in support of the above Notice of Motion and I am of the view that sufficient cause is shown why the Plaintiff and his Advocate could not remain present before the Court on 21st December 2010. In view thereof, the order of dismissal dated 1st December 2010 is set aside and the Notice of Motion No.2771 of 2009 is restored to file. 5. Place Notice of Motion No.2771 of 2009 for hearing and final disposal on 13th July 2010, High on Board. The Notice of Motion No. 3517 of 2010 is accordingly disposed of. (S.J. KATHAWALLA, J.)