vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2557 OF 2007 NOTICE OF MOTION NO.2557 OF 2007 NOTICE OF MOTION NO.2557 OF 2007 IN IN IN SUMMONS FOR JUDGMENT NO.797 OF 2004 SUMMONS FOR JUDGMENT NO.797 OF 2004 SUMMONS FOR JUDGMENT NO.797 OF 2004 IN IN IN SUMMARY SUIT NO.2402 OF 2004 SUMMARY SUIT NO.2402 OF 2004 SUMMARY SUIT NO.2402 OF 2004 Mahendra K. Gandhi ... Plaintiff V/s. Narendrakumar Khetsi HUF & Anr. ... Defendants Ms.J.M. Sidhwa for Plaintiff None for Defendant CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: FEBRUARY 8, 2008 FEBRUARY 8, 2008 FEBRUARY 8, 2008 P.C.: P.C.: P.C.: . The plaintiff has taken out this Notice of Motion for restoration of the Summons for Judgment which was dismissed on 19.6.2007 since the plaintiff and his advocate were absent on that day. 2. The reason stated in the affidavit in support of the Motion is that the Court clerk of the Advocate on record was unwell and his colleague failed to notice the matter on Board. 3. Nobody appears for the defendant, though served. An affidavit of service is filed. For the reasons stated in the affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of : 2 : prayer clause (a) subject to payment of costs of Rs.1,000/- to the Maharashtra State Legal Services Authority within two weeks from today. 4. Notice of Motion is disposed of accordingly.