: 1 : SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.4436 OF 2007 OF MOTION NO.4436 OF 2007 OF MOTION NO.4436 OF 2007 IN IN IN SUIT SUIT SUIT NO.3236 OF 2007 NO.3236 OF 2007 NO.3236 OF 2007 Ashokkumar Upadhya ...Plaintiff V/s. Suresh B. Raja & Ors. ...Respondents Mr.Sameer Vaidya, Advocate, for the Plaintiff. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATE DATE DATE : 21ST AUGUST, 2008. : 21ST AUGUST, 2008. : 21ST AUGUST, 2008. P.C.: P.C.: P.C.: . Despite the service of Notice of Motion, none of the Defendants are present to oppose the same. No reply has been filed to oppose the Notice of Motion. It was necessary for the Defendant No.1 to oppose the Notice of Motion if he was really claiming ownership of the suit shares. Since he did not come before the Court, I take it that the suit shares are erroneously transferred to his account. At ad-interim stage an order in the Notice of Motion was passed protecting the Plaintiff’s shares lying in the Defendant No.1’s account. This order, in my view, should finally dispose of the Notice of Motion. : 2 : 2. The Notice of Motion is made absolute in terms of prayer clause (a). 3. The learned Counsel for the Plaintiff shall serve the Writ of Summons within a period of six weeks from today. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]