1 Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3521 OF 2009 IN APPEAL NO.304 OF 2009 IN SUMMARY SUIT NO.1286 OF 2007 Rakesh Upadhyay : Appellant versus Manish Shah : Respondent. Mr.N C Parikh i/by M/s.Mansukhlal Hiralal & Co. for the Appellant. Mr. Girish Kedia for the Respondent. CORAM : P.B.MAJMUDAR & R.C.CHAVAN, JJ DATED : NOVEMBER 20, 2009 P.C. 1. By the present Notice of Motion, the Appellant prays for restoration of the Appeal No.304 of 2009 which was dismissed in default on 2nd September 2009. The learned counsel for the Respondent submitted that the grounds mentioned in the Notice of Motion, seem to be not correct and without reading the averments, 2 this notice of motion is circulated for hearing. We agree with the learned counsel for the Respondent. But however with a view to see that the Appeal should be decided on merit, we restore the Appeal filed by the Appellant subject to payment of costs of Rs.3,000/-. Costs to be paid to the Respondent within a period of one week from today. Payment of costs is a condition precedent. The Notice of Motion is allowed in terms of prayer clause (a). Appeal to be placed for admission on 30th November 2009. The present notice of motion is accordingly disposed of. [P.B.MAJMUDAR,J] [R.C.CHAVAN, J]