: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. 3630 OF 2004 NOTICE OF MOTION NO. 3630 OF 2004 NOTICE OF MOTION NO. 3630 OF 2004 IN IN IN NOTICE OF MOTION NO. 567 OF 2004 NOTICE OF MOTION NO. 567 OF 2004 NOTICE OF MOTION NO. 567 OF 2004 IN IN IN SUMMARY SUIT NO. 1528 of 2000 SUMMARY SUIT NO. 1528 of 2000 SUMMARY SUIT NO. 1528 of 2000 Shree Sanjay Fatehpuria ..Plaintiff versus Shree Jitesh J. Shah ..Defendant Mr. S. Pereira i/b. Mr. L.Bansal for the Plaintiff. Defendant present in person. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 17TH DECEMBER,2004. DATE : 17TH DECEMBER,2004. DATE : 17TH DECEMBER,2004. P.C. : P.C. : P.C. : . This notice of motion is taken out by the defendant for restoration of earlier notice of motion No.567 of 2004 which was dismissed on 11.10.2004. . Defendant states that he was not given any intimation by his advocate. He further states and undertakes that henceforth he will be appearing in court without fail. His statement and undertaking :2: is accpeted. Defendant is informed that the court is not going to wait for him or issue notice to him. . Counsel for the plaintiff opposes this notice of motion. However in the circumstances the order of dismissal dated 11.10.2004 is set aside. Notice of Motion No.567 of 2004 is restored to file. Same to come up for hearing on 19.1.2005. Notice of Motion No. 3630 of 2004 is dispoed of accordingly. ****