1 nms1517-07.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 1517 of 2007 in Notice of Motion No.2803 of 2005 in Summons for Judgment No.908 of 2003 in Summary Suit No.2478 of 2002 Gaskets & Brake Parts & Co. .. Plaintiffs v/s. Mehta Transport Services (I) Ltd. ..Defendants Mr.Sandip Kumbhar i/b. S.A.Bhagwatfor the Plaintiffs. CORAM : R.Y.GANOO, J. DATED : 23rd August, 2010 P.C. : 1. Motion No.2803 of 2005 was taken out for setting aside the dismissal of the Summons for Judgment. This motion No.2803 of 2005 was dismissed on 16.4.2007. Affidavit in reply is filed by the defendants opposing the motion. The defendants are absent. I have heard learned Counsel for the plaintiffs. Since this motion is taken out for restoration of Motion No.2803 of 2005, I am inclined to take liberal view and set aside the order dated 16.4.2007 and Motion No.2803 of 2 nms1517-07.sxw 2005 can be heard on merits. Hence following order is passed. ORDER i) Motion is made absolute in terms of prayer clause (a). There shall be no order as to costs. ii) Motion No.2803 of 2005 is restored to the file and is adjourned to 6.9.2010 for final hearing, high on board. [R.Y.GANOO, J.]