1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1890 OF 2009 IN SUMMARY SUIT NO.149 OF 2003 Kishori Nandlal Ragoowansi .. Plaintiff V/s Shaan Interwell (India) Ltd. & Anr. .. Defendants And 1a. Nandlal Kakhumal Ragoowansi & Ors. .. Applicants Advocate Ms.Kavita Lalwani for the Applicants. CORAM: R.G.KETKAR, J. DATE: 23rd June, 2011. P.C.: 1. This is the chamber summons taken out for condoning the delay of over five years caused in taking out the present chamber summons as also for restoration of the suit to the file and for setting aside the order of abatement dated 08.09.2009. Further prayer is made to carry out the amendment as per the schedule annexed to the chamber summons. 2. Heard learned counsel in support of the chamber summons. This chamber summons was on board on 06.04.2011 when the Court directed the office to issue notice to Defendant No.2 at the address shown in the chamber summons informing him that the chamber summons would be placed for final hearing on 26.04.2011 and if he fails to appear before this Court on that date or any subsequent date thereafter, either by himself or through his advocate, the Court may proceed to pass an 2 appropriate order in the chamber summons. 3. On 26.04.2011 the chamber summons appeared on board and the Defendant No.2 was represented by an Advocate. Today when the matter is called out nobody appears on behalf of Defendant No.2. Affidavit of service qua Defendant No.1 dated 29.03.2011 is filed, as also the affidavit of service qua Defendant No.2 dated 29.03.2011 is filed enclosing therewith the acknowledgments. Despite service none appears for the Defendants. 4. For the reasons set out in the affidavit in support of the chamber summons, I am satisfied that the chamber summons requires to be made absolute in terms of prayer clauses, (a), (b) and (c). Hence, chamber summons is made absolute in terms of prayer clauses (a), (b) and (c), with no order as to costs. Amendment to be carried out within a period of two weeks from today. 5. After the suit is restored, office to issue fresh notice to the Defendants. (R.G.KETKAR, J.)