:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.115 OF 2008 OF MOTION NO.115 OF 2008 OF MOTION NO.115 OF 2008 IN IN IN APPEAL APPEAL APPEAL NO.655 OF 2004 NO.655 OF 2004 NO.655 OF 2004 IN IN IN INSOLVENCY INSOLVENCY INSOLVENCY PETITION NO.40 OF 2004 PETITION NO.40 OF 2004 PETITION NO.40 OF 2004 Hemant D.Shah ..Appellant Vs. Ashok Thapar & Ors. ..Respondents Mr.Riyaz Chagla a/w. Sanika Deshpande i/b.Hansu Mehta & Co. for the Appellant. Mr.R.Bagla i/b. Bagla Dandekar & Co. for the Respondents. Mr.Ketkar, Assistant Official Assignee. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 21ST JANUARY,2008 : 21ST JANUARY,2008 : 21ST JANUARY,2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking to recall of our order dated 3rd December,2007 whereby the above Appeal was dismissed in default. Perused the Notice of Motion and Affidavit-in-support thereof. For the reasons stated therein sufficient cause is made out. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). The above Appeal is restored to file. 2. Place the above Appeal on board for final hearing on 11th February, 2008. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) :2: