1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2816 OF 2006 IN NOTICE OF MOTION NO.3232 OF 2002 IN SUIT NO.4667 OF 2000 Rabia Abdul Gani Plaintiff versus S.P.Sharma and another Defendants None for applicant. None for plaintiff. Ms.Yogini Gada i/by Harakchand & Co. for defendant no.2. CORAM : S.J.KATHAWALLA, J. DATE : 22nd November 2010 PC : 1. This Notion of Motion is taken out by the applicant (original defendant no.41 to the counter claim). Since the advocate for the applicant was absent on 18th November 2010 when the Notice of Motion was called out for hearing, this Court had directed the advocate for the defendant no.2 in the suit to serve a notice to the advocate for the applicant at the address shown in the Vakalatnama. Accordingly, the notice was sought to be served on 18th November 2010 itself. The recipient of the notice made an endorsement on the said notice stating that the said advocate is not working with them. However, the mobile number of the said advocate was provided. The learned advocate for defendant no.2 states that despite several attempts made to contact the said advocate on her mobile phone, she is not answering the calls but is in fact disconnecting the same. 2. In view thereof, this Court is constrained to dismiss the Notice of Motion taken out by the applicant for non prosecution. (S.J.KATHAWALLA, J.)