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.4656 OF 2007 NOTICE OF MOTION NO.4656 OF 2007 NOTICE OF MOTION NO.4656 OF 2007 IN IN IN APPEAL NO.501 OF 2003 APPEAL NO.501 OF 2003 APPEAL NO.501 OF 2003 IN IN IN COMPANY APPLICATION NO.154 OF 2003 COMPANY APPLICATION NO.154 OF 2003 COMPANY APPLICATION NO.154 OF 2003 IN IN IN COMPANY PETITION NO.404 OF 1986 COMPANY PETITION NO.404 OF 1986 COMPANY PETITION NO.404 OF 1986 Pandurang Kashiba Dalvi .. Appellant V/s M/s.Modella Textile Industries Pvt.Ltd. & Ors. .. Respondents Mr.L.R.Castelino i/by Mr.Avinash D.Housing for the Appellant. Mr.Kedar Dighe for Official Liquidator. CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. DATE : 4th February, 2008. DATE : 4th February, 2008. DATE : 4th February, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. Affidavit of service is taken on record. By this Notice of Motion, the Appellant is seeking recall of our order dated 28th November, 2007 whereby an Appeal was dismissed in default. Perused the affidavit in support of the Notice of Motion. For the reasons stated therein, sufficient cause is made out for recalling of the order dated 28th November, 2007. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, Notice of Motion is made absolute in terms of prayer clause (a). 2. Place the Appeal No.501/2003 on board for final hearing on 3rd March, 2008. (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.)