1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3428 OF 2002 IN IN IN SUMMARY SUIT NO.4711 OF SUMMARY SUIT NO.4711 OF SUMMARY SUIT NO.4711 OF 2000 Quadrant Container Line (Pty) Ltd .. Plaintiff versus Prudential Shipping Agencies P..Ltd & anr Defendant ... Ms.F.Sethna, Ms./Dipti i/b Dunmoth Seth for Plaintiff CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J CORAM : D.G. KARNIK, J DATED : 14th January 2005. DATED : 14th January 2005. DATED : 14th January 2005. P.C:- P.C:- P.C:- 1. Heard learned counsel for the plaintiff. None present for the defendant no.2. An affidavit of service sworn by Mr.Naresh Mohite on 7th December, 2004 proving service of motion on defendant no.2 is filed on record. Despite service of motion, the defendant no. 2 has not appeared nor filed any 2 affidavit denying the averments in support of the notice of motion. The Associate reports that only defendant no.1 has filed written statement and defendant no.2 has not filed the written statement in the suit though served. In the circumstances, motion is allowed in terms of prayer clause (a). Motion is disposed of. D.G.KARNIK, J