IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.442 OF 2008 IN SUIT NO.3965 OF 1998 M/s.United Phospohorous Ltd. .. Plaintiffs Vs. M/s.Chemie King Corporation .. Defendants Mr.N.H.Vyas for the plaintiffs in support of notice of motion. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 14th October 2008. : 14th October 2008. : 14th October 2008. P.C.: . Heard the learned counsel appearing for the plaintiffs in support of notice of motion. He states that the notice of motion has been duly served to the defendants and affidavit of service has been filed. 2. My attention is invited to the averments made in affidavit in support and in particular paragraph 3 thereof. In view of what is stated in paragraph 3, a case for restoration of the suit is made out. Accordingly, notice of motion is made absolute in terms of prayer clauses (a) and (b). 2 3. The suit shall be listed on board on 11th November 2008 under the caption of "Undefended suits for exparte decree". By the next date, the plaintiffs are expected to file affidavit and original document. (A.S. Oka,J)