1 24.nms.3359.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3359 OF 2010 IN NOTICE OF MOTION NO.415 OF 2009 IN SUIT NO.172 OF 2009 M/s.Deep Construction and Co and ors .. Plaintiffs versus Jitendra Narayanbhai Patel ..Defendant --------------------------- Mr.Satish Upadhyay i/b Ajay Law Associates,for the plaintiffs None for the defendant. CORAM: S.J.KATHAWALLA, J. DATED: MARCH 25, 2011 P.C. By this Notice of Motion, the plaintiff has prayed that the order dated 15.11.2010 passed by this Court (Coram:S.C.Dharmadhikari,J) dismissing the Notice of Motion No. 415 of 2009 for default be set aside and to restore the said Notice of Motion to file. 2. The learned Advocate appearing for the plaintiff submits that in view of the common order passed by this Court in 2 24.nms.3359.10.sxw Appeal No.1168 of 2010 and Appeal No.52 of 2011 dated 21st February, 2011 , the said Notice of Motion No.415 of 2009 which was dismissed for default, is now of no consequence to the plaintiff. In view thereof he seeks to withdraw the present Notice of Motion No.3359 of 2010. The Notice of Motion is, therefore, disposed of as withdrawn. ( S.J.KATHAWALLA, J )