IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3277 OF 2008 IN SUIT NO.1941 OF 1983 Aron Chemicals (Bombay) Pvt Ltd. .. Plaintiff Vs. M/s.Mangla Brothers & Ors. .. Defendants Mr.R.M.Bhandari for the plaintiff. Mr.U.D.Govilkar for defendant nos.1 and 2. Mr.I.A.Bootwala i/by Bootwala & Co for defendant nos.3 and 4. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 03rd October 2008. : 03rd October 2008. : 03rd October 2008. P.C.: . Heard the learned counsel appearing for the plaintiffs in support of notice of motion. I have also heard the learned counsel appearing for the 3rd and 4th defendants. 2. The notice of motion is taken out for restoration of the suit which was dismissed in default on 23rd July 2008. The order dated 23rd July 2008 discloses that both the plaintiffs and defendants were absent when the suit was called out for hearing. 2 3. In view of averments made in the affidavit in support and in particular paragraphs 7 and 8, a case is made out for restoration of the suit. 4. Accordingly, notice of motion is made absolute in terms of prayer clause (a). 5. The suit shall be set down on 18th October 2008 for settlement of issues. (A.S.Oka,J)