vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.854 OF 2006 NOTICE OF MOTION NO.854 OF 2006 NOTICE OF MOTION NO.854 OF 2006 IN SUMMARY SUIT NO.484 OF 2005 M/s.Swastik Oil Products Mfg. Co. Pvt. Ltd. ... Plaintiff V/s. M/s.Bharat Petroleum Corporation Ltd. ... Defendant Mr.K.R. Tiwari for Plaintiff Ms.Sheeja John i/b M/s.M.P. Savla & Co. for Defendant CORAM: SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: MARCH 23, 2006 MARCH 23, 2006 MARCH 23, 2006 P.C.: P.C.: P.C.: . This Motion has been taken out for recalling the order passed on 6.3.2006 passed in Summons for Judgment No.636 of 2005. The affidavit in support of the Motion shows that the advocate for the applicant was engaged before the Division bench of this Court and therefore, could not remain present when the matter was called out. 2. The learned Advocate for the plaintiff cites the judgment of the Division Bench of this Court in the case of Bombay Enamel Works v/s. Purshottam S. Somaiya, AIR AIR AIR 1975 BOMBAY 128 1975 BOMBAY 128 1975 BOMBAY 128 in support of his contention that once conditional leave to defend is granted, it cannot be revoked and the defendant has to file reply. In my view, this judgment has no application. The Motion is filed for recalling the order in view of the fact that the advocate for the Defendant was not heard, although : 2 : the defence to the Summons for Judgment was on record. 3. In view of this statement contained in the affidavit in support of the Motion, Motion is allowed. 4. Summons for Judgment to come up on 10.4.2006.