1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2394 OF 2008 IN SUIT NO. 524 OF 2008 Mrs. Pearl D'Mello nee Lobo ...... Plaintiff. V/s Mr. Mark Anthony Mendes ........ Defendant. -------- Mr. Denzil D'Mello for the Plaintiff. CORAM: V.M.KANADE, J. DATE : 10TH JULY, 2008. P.C.: 1. None appears on behalf of the defendant though he is served. Plaintiff undertakes to file affidavit of service during the course of the day. 2. This is a Notice of Motion taken out by the Plaintiff, seeking restoration of Notice of Motion No.762 of 2008 which was dismissed on 18th June, 2008 for non-prosecution, since nobody appeared for the plaintiff on the said date. In the affidavit in support of this Notice of Motion, it is stated that the plaintiff was in U.S. on that date and, could not remain present in Court and his Advocate was in another Court and, therefore, could not remain present as and when the 2 matter was called out. In view of the explanation given by the plaintiff and his advocate, the order dated 18th June, 2008 dismissing the Notice of Motion No.762 of 2008 is set aside. Notice of Motion No.762 of 2008 is restored to the file. Ad-interim Order is also restored. 3. Notice of Motion No.2394 of 2008 is disposed of in the above terms. V.M. KANADE, J.