1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1464 OF 2003 NOTICE OF MOTION NO.1464 OF 2003 NOTICE OF MOTION NO.1464 OF 2003 IN IN IN SUIT NO.3316 OF 2001 SUIT NO.3316 OF 2001 SUIT NO.3316 OF 2001 WITH WITH WITH NOTICE OF MOTION NO.1465 OF 2003 NOTICE OF MOTION NO.1465 OF 2003 NOTICE OF MOTION NO.1465 OF 2003 IN IN IN SUIT NO.3317 OF 2001 SUIT NO.3317 OF 2001 SUIT NO.3317 OF 2001 Vipul H. Shah ...Plaintiff Vs. N.L.Upadhyay ...Defendant ----- Ms.Rubia Taneja i/b. Mr. Bharat Mehta for Plaintiff None for for Defendant CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. CORAM: SMT.R.S.DALVI,J. DATED: 5TH AUGUST, 2005 DATED: 5TH AUGUST, 2005 DATED: 5TH AUGUST, 2005 P.C. P.C. P.C. 1. The Plaintif has filed these Suits. The 1. The Plaintif has filed these Suits. The 1. The Plaintif has filed these Suits. The Plaintiff took out a Summons for Judgment. The Plaintiff took out a Summons for Judgment. The Plaintiff took out a Summons for Judgment. The Summons for Judgment came to be dismissed for default Summons for Judgment came to be dismissed for default Summons for Judgment came to be dismissed for default on 22nd April, 2003. on 22nd April, 2003. on 22nd April, 2003. 2. It is the Plaintif’s case that the day prior 2. It is the Plaintif’s case that the day prior 2. It is the Plaintif’s case that the day prior thereto the Plaintiff had telephonic conversation with thereto the Plaintiff had telephonic conversation with thereto the Plaintiff had telephonic conversation with his Advocate who was to attend to the hearing after his Advocate who was to attend to the hearing after his Advocate who was to attend to the hearing after undergoing a medical checkup since the matter was low undergoing a medical checkup since the matter was low undergoing a medical checkup since the matter was low on Board. However, when he attended Court, the on Board. However, when he attended Court, the on Board. However, when he attended Court, the Summons for Judgment was dismissed. He contacted the Summons for Judgment was dismissed. He contacted the Summons for Judgment was dismissed. He contacted the Advocate for Defendant who had no objection for Advocate for Defendant who had no objection for Advocate for Defendant who had no objection for restoration. It could not be restored because the restoration. It could not be restored because the restoration. It could not be restored because the Court was otherwise busy. Hence, this Notice of Court was otherwise busy. Hence, this Notice of Court was otherwise busy. Hence, this Notice of 2 Motion. Motion. Motion. 3. The Notice of Motion has been served upon the 3. The Notice of Motion has been served upon the 3. The Notice of Motion has been served upon the Defendant’s Advocate. Defendant’s Advocate has Defendant’s Advocate. Defendant’s Advocate has Defendant’s Advocate. Defendant’s Advocate has endorsed in respect of the service of the copy of the endorsed in respect of the service of the copy of the endorsed in respect of the service of the copy of the Notice of Motion on the docket of the duplicate Notice Notice of Motion on the docket of the duplicate Notice Notice of Motion on the docket of the duplicate Notice of Motion. The Plaintiff’s Advocate has shown the of Motion. The Plaintiff’s Advocate has shown the of Motion. The Plaintiff’s Advocate has shown the original endorsements of service. The Plaintiff has original endorsements of service. The Plaintiff has original endorsements of service. The Plaintiff has filed the affidavit of service. The parties require filed the affidavit of service. The parties require filed the affidavit of service. The parties require to be heard on merits. The Notice of Motion is made to be heard on merits. The Notice of Motion is made to be heard on merits. The Notice of Motion is made absolute in terms of prayer clause (a). absolute in terms of prayer clause (a). absolute in terms of prayer clause (a). (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)