1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.2984 of 2007 In Suit No.906 of 1999 Apollo Trade Limited. .. ..Plaintiff v/s. Puja Fabrics & ors. .. ..Defendants Mr.P.H . Bhatt for Plaintiff. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 13 th October, 2008 P.C. : 1. This Suit has been filed for recovery of Rs.85746.41 under the accounts kept by the Plaintiff. The writ of summons has been served through the office of the Sheriff of Mumbai by Registered Post in 1999 itself. No Written Statement is filed. The Suit was undefended. Upon the Plaintiff's appearance, a judgment under Order 8 Rule 10 of the Code of Civil Procedure would have to be passed. When the Suit came up for hearing the Plaintiff and his Advocate remained absent. The Plaintiff is reported to have been ill at that time. The Suit came to be dismissed for default. Hence, the Notice of Motion has been taken out for restoration of the Suit. Since the Defendants were not present at the time when the Suit was dismissed this Notice of Motion has not been served 2 upon the Defendants as notice to the Defendants is not required to be given under the provisions of Order 9 Rule 3 of the CPC. 2. For the reasons stated in the Affidavit- in-support of the Notice of Motion, the Notice of Motion is made absolute as prayed. The Suit is restored to the file. The Suit to be placed on Board as undefended Suit for exparte decree on 14th November 2008. [SMT.ROSHAN DALVI, J.]