SRJ nms-4415-08.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4415 OF 2008 IN CONTEMPET PETITION NO.97 OF 2004 IN R.P.NO.01 OF 2004 IN SUMMARY SUIT NO.2826 OF 1998 Mrs. Prabha P. Shenai .. Plaintiffs V/s. Crown Maritime Company (India) Pvt. Ltd., .. Defendants. Mr.Prakash R.Shenai, C.A. Of the Plaintiff present. CORAM : A.S.OKA, J.. DATE : 4th November, 2009. P.C. : 1] I have heard the Constituted Attorney of the Plaintiff appearing in person in support of the Notice of Motion. The prayer in the Notice of Motion is for restoration of Contempt Petition which was dismissed, as none appeared for the Petitioner. The C.A. of the Petitioner states that this Notice of Motion has been duly served to the Respondent and Affidavit of Service has been filed. The statement is accepted. 2] In the Affidavit in support of the Notice of Motion, the Petitioner has set out the circumstances under which none appeared for her when the Contempt SRJ nms-4415-08.sxw 2 Petition was called out for hearing. The case made out in the Affidavit of support is that the Petitioner could not remain present as she was not aware that the Contempt Petition was on board. In substance, the averments are that the Petition was dismissed on account of default on the part of the Advocate appointed by the Petitioner. There is no reply filed by the Respondent. In view of averments made in Affidavit in support, a case of restoration of Contempt Petition is made out. Accordingly, Notice of Motion is made absolute in terms of prayer clause (a) and (c). 3] Notice of restoration of Contempt Petition be issued to the Respondent-contemnor returnable after 8 weeks. (A.S.OKA, J. )