IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3094 OF 2007 IN SUIT NO.2105 OF 1995. M/s. M.J. Builders. ..Plaintiffs. versus Dr.Naseem Quresh & Ors. ..Defendants. .... Ms. J.P. Thakkar, for the Plaintiffs. Mr. Jaganathan, for the Defendant Nos.1 to 3 & 6. .... CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 10th October 2008. : 10th October 2008. : 10th October 2008. P.C.: 1. Heard the learned counsel appearing for the plaintiffs in support of the notice of motion. She states that the notice of motion has been duly served to the fourth and the fifth defendants. 2. The learned counsel appearing for the first to third defendants has no objection if the suit is restored which was dismissed in default. 3. In view of the averments made in the affidavit in support of the notice of motion, a case for restoration of the suit is made out. Accordingly, 2 notice of motion is made absolute in terms of prayer clause (a). 4. The suit shall be set down for settlement of issued on 23rd October 2008. (A.S.Oka,J)