1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1668 of 2007 IN SUIT NO.1823 of 2005 Om Prakash Roongta .. Plaintiff. -versus Purushottam Sharaf & ors .. Defendants. CORAM: R. G. KETKAR, J. DATED: 29th August, 2009. P.C. 1. This Notice of Motion is taken out by the plaintiffs for setting aside the order dated 30th March, 2009, passed by this Court (D.K.Deshmukh, J). On 30th March,2007, the following order was passed. “Learned Counsel for the plaintiff is not ready to argue the matter. Notice of Motion Stands dismissed for want of prosecution.” 2. The present Notice of Motion is taken out on 20th April, 2007. Shri. Om Prakash Roongta-the plaintiff has made an affidavit in support of this Motion. In para 5, it is asserted that the plaintiff’s advocate on record and the 2 counsel were held up in other part heard matter and therefore, an application was made for keeping back the matter. Since the part heard matter continued till afternoon, advocates for the plaintiff could not reach. In these circumstances Notice of Motion was dismissed in default. 3. The defendant No.4 has made an affidavit dated 20th February, 2007 in opposition. In para 5, it is asserted that the Motion was not dismissed for default , but it was dismissed as the learned counsel for the plaintiff was not ready to argue the matter. 4. I have heard learned counsel for the parties. In the interest of justice, Notice of Motion No.2205 of 2005 is restored. Notice of Motion is made absolute in terms of prayer clauses (a) and (b). List the Notice of Motion No. 2205 of 2005 on 11.9.2009. (R.G. KETKAR, J)