- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION No. 2477 OF 2009 IN SUIT No. 3813 OF 2000 Atcom Technologies Ltd. ... Plaintiff Vs. Y. A. Chunawala & Co. ... Defendant *** Mr. Sunita Devgonde, for the Plaintiff. Mr. Aziz Dumardwala, for Defendant No.2. *** CORAM : V. M. KANADE, J. DATE : AUGUST 24, 2009. PC :- 1. Heard the learned counsel appearing on behalf of the plaintiff. The learned counsel appearing on behalf of defendant submits that the defendant had written a letter dated 22nd August 2009 informing him that they would be taking back the papers from him. He therefore, submits that he may be discharged from appearing on behalf of defendant No.2. In view the said letter written by the defendant No.2 which is taken on record, counsel for defendant No.2 is discharged. 2. None appears for other defendants though served. The suit filed by the plaintiff was dismissed by an order dated 23rd July - 2 - 2008 passed by the learned Prothonotary & Senior Master (O.S.), High Court, Bombay. Since no reply has been filed on behalf of the defendants, the averments made in the affidavit in support of Notice of Motion are uncontroverted. In view of the reasonings given by the plaintiff in the affidavit in support of the Notice of Motion, delay caused in filing the Notice of Motion is condoned and the order passed on 23rd July 2008 passed by the Prothonotary & Senior Master (O.S.) is set aside and the Suit No. 3813 of 2000 is restored to the file. Notice of Motion is accordingly disposed of. 3. Suit No. 3813 of 200 be placed in the caption of “Directions” on the board on 31st August, 2009. Sd/- [ V. M. KANADE, J.]