IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 2080 OF 2008 OF MOTION NO. 2080 OF 2008 OF MOTION NO. 2080 OF 2008 IN IN IN APPEAL APPEAL APPEAL NO. 103 OF 2002 NO. 103 OF 2002 NO. 103 OF 2002 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 911 OF 2001 OF MOTION NO. 911 OF 2001 OF MOTION NO. 911 OF 2001 IN IN IN MISCELLANEOUS MISCELLANEOUS MISCELLANEOUS PETITION NO. 4 OF 2000 PETITION NO. 4 OF 2000 PETITION NO. 4 OF 2000 Amrish Kilachand ] .. Appellant (Org.Respondent) Versus 1. A.P. Yagnik appointed as Executor ] .. Respondents in place of Resp.1 & two others. ] (Org.Petnrs.) Mr. Paritesh Jaiswal i/b P.K. Vyas for the appellant/ applicant. Mr. Rushabh Shah i/b D.H. Nanavati & Co. for the respondents No.2 & 3. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 29TH AUGUST, 2008 P.C. : 1. It is brought to our notice that this is for the second time that the matter has been dismissed for default and application for restoration has been filed. 2. The present Notice of Motion has been opposed strongly by the other side. : 2 : 3. We allow the Notice of Motion in terms of prayer clause (a), subject to cost of Rs. 3,000/- to be equally paid to each of the respondents within a period of two weeks from today. Prayer clause (a) of the Notice of Motion reads thus: "(a) this Hon’ble Court be pleased to set aside the order dated 2nd June, 2008 dismissing the captioned appeal for default of non appearance of the parties and be pleased to restore the captioned appeal and all connected proceedings therein and place the same on board for hearing." 4. Notice of Motion, accordingly, stands disposed of. Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]