1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1016 OF 2009 WITH CHAMBER SUMMONS NO. 402 OF 2009 IN CHAMBER SUMMONS NO. 2085 OF 2007 IN NOTICE OF MOTION NO. 1493 OF 2005 IN EXECUTION APPLICATION NO. 356 OF 2005 IN SUMMARY SUIT NO. 2563 OF 1992 The Minerals and Metals Trading Corporation of India Ltd. .. Plaintiff V/s M/s Manish Diamonds & Ors. .. Defendants Mr. Virendra Neve i/b Mr. S.P. Munghate for the plaintiff. Mr. Vibhute i/b Khaitan & Jayakar for the defendants, in support. CORAM : D.G. KARNIK, J. DATE : 20th APRIL 2010 P.C. : 1. Heard learned counsel for the defendants-applicants. Learned counsel for the plaintiff reports no instructions. 2. Notice of Motion No.1016 of 2009 is taken out by the 2 defendants for setting aside the order dated 18th July 2008 passed by this Court in Chamber Summons No. 2085 of 2007. Chamber Summons No.402 of 2009 is taken out by the defendants for raising the warrant of attachment of the property effected in pursuance of an order passed by this Court on 18th July 2008 in Chamber Summons No.2085 of 2007. 3. Learned counsel for the defendants submits that on the daily board of the High Court, Chamber Summons No.2085 of 2007 was listed on 18th July 2008 but without mentioning the names of the defendants’ advocates. Consequently, the defendants’ advocate was not aware that the matter being placed on board and an exparte order was passed. Copy of the board is annexed to the chamber summons at Exhibit-B. It shows that the name of the defendants’ advocate was not shown on the board. Perusal of the order of attachment also shows that the defendants were not represented when the order was passed. 4. In view of the above, the notice of motion and the chamber summons are allowed. The order dated 18th July 2008 passed by this Court is recalled and the attachment 3 effected in pursuance thereof is hereby raised. Chamber Summons No.2085 of 2007 be listed on board for hearing afresh on 27th April 2010. (D.G. KARNIK, J.)