ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.187 OF OF MOTION NO.187 OF OF MOTION NO.187 OF 2008 2008 2008 IN IN IN APPEAL APPEAL APPEAL NO. 1018 OF 2002 NO. 1018 OF 2002 NO. 1018 OF 2002 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO.930 OF 2002 OF MOTION NO.930 OF 2002 OF MOTION NO.930 OF 2002 IN IN IN TESTAMENTARY TESTAMENTARY TESTAMENTARY SUIT NO. 32 OF 1996 SUIT NO. 32 OF 1996 SUIT NO. 32 OF 1996 Pradyumn Nemkumar Jain ...Appellant. Vs. Dr.(Mrs.)Renuka Anup Chatterjee and Ors. ...Respondents. Mr.Sanjay Sinha for the Appellant in support of Notice of Motion. Ms.P.G.Bhatia for the Respondents. CORAM CORAM CORAM : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & : DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V. MOHTA, JJ. V. MOHTA, JJ. V. MOHTA, JJ. DATED DATED DATED : 07TH MARCH, 2008 : 07TH MARCH, 2008 : 07TH MARCH, 2008 P.C. P.C. P.C. . Heard the learned counsel for the Appellant and the learned counsel for the Respondents. By this Notice of Motion, the Appellant is seeking recall of our order dated 7th January, 2008 whereby, the above Appeal was dismissed in default. Perused the Notice of Motion and the affidavit in support thereof. ( 2 ) Having regard to the facts and circumstances of the case, we find that sufficient cause is made out for recalling of our order dated 7th January, 2008. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer (a). 2. Appeal is restored to file. Place the above Appeal on board for final hearing on 31st March, 2008. (ANOOP (ANOOP (ANOOP V. MOHTA, J.) V. MOHTA, J.) V. MOHTA, J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)