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.1780 of 2008. NOTICE OF MOTION NO.1780 of 2008. NOTICE OF MOTION NO.1780 of 2008. IN IN IN SUMMARY SUIT NO.2763 of 2005. SUMMARY SUIT NO.2763 of 2005. SUMMARY SUIT NO.2763 of 2005. Madan Mohan Ramprasad Kedra ..Plaintiff versus Rajkumar Devidutt Saraf ..Defendant Ms.Aarti Khamkar for the Plaintiff Mr.P.N.Singh for the Defendant CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 22nd Sept., 2008. DATED : 22nd Sept., 2008. DATED : 22nd Sept., 2008. P.C. 1. This motion is taken out for restoration of Motion No.4923 of 2007 which was dismissed for default. 2. I have heared learned Advocates on both the sides. Learned Advocate Mr. Singh contended that in the past prayer for expedition was declined by the Court and therefore second time it is not open for the plaintiff to apply for the same prayer and hence prays for dismissal of the same. 3. By this Motion the plaintiff wants that the earlier motion should be restored and nothing beyond that. Considering the text of the affidavit -2- in support of the Notice of Motion, I am inclined to observe that in the interest of justice this motion is required to be granted. The question whether Notice of Motion No.4923 of 2007 deserves to be granted or not can be decided after hearing learned advocates on both the sides. ORDER . Notice of Motion No.1780 of 2008 is made absolute in terms of prayer clause (a). . There shall be no order as to costs. . Notice of Motion No.4923 of 2007 is restored to the file of this Court and is posted for hering on 29.9.2008. . Office to show Motion No.2923 of 2007 on board for hearing on 29.9.2008. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)