1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.871 of 2007 In Suit No.1375 of 1991 1. Vilas Bharate & ors. .. .. Plaintiffs v/s. M/s.Correa Builders & ors. .. Defendants Mr.Kapil Shetty i/by M/s.K.P. Tiwari & Co. for Applicants. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 14 th November 2008 P.C. : 1. Despite service of the writ of summons, the Defendants had never appeared. The Suit was to be decreed exparte. Upon failure of the appearance of the Plaintiffs, the Suit was dismissed for default on 19.1.2007. Hence this Notice of Motion is taken out for restoration of the Suit upon setting aside that order. For the reasons mentioned in the Affidavit- in-support of the Notice of Motion, the Notice of Motion is made absolute in terms of prayers (a) and (b). 2. Suit to be on board for exparte decree on 10 th December 2008. (SMT.ROSHAN DALVI, J.)