1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3420 OF 2009 IN SUIT NO. 2956 OF 2009 Ramesh Shivram Palav & Ors. ...Plaintiffs Versus Hemant Shivram Palav ...Defendant Ms. Prachi Khandke i/b. M/s. M. P. Vashi & Associates for the Plaintiffs. CORAM : R. V. MORE, J. DATE : 7TH NOVEMBER, 2009. P.C. : The learned Counsel for the Plaintiffs, tenders affidavit of service on Defendant. Inspite of service none appears on behalf of the Defendant. 2. Heard Ms. Khandke, learned Counsel for the Plaintiff. The notice of motion is taken out for setting aside the Order dated 11th August, 2009 passed by the Prothonotary & Senior Master, dismissing the above suit for default. The reasons given in the affidavit in support of the notice of motion for setting aside the above Order will have to be accepted as the same is not contested by the Defendant either by appearing before the Court or filing a reply thereto. The notice of motion is accordingly allowed in terms of prayer clause (a). 2 3. The Office is directed to issue fresh summons to the Defendant, returnable after six weeks. (R. V. MORE, J.)