1 nms3030-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa NOTICE OF MOTION NO. 3030 OF 2009 IN SUMMONS FOR JUDGMENT NO. 195 OF 2008 IN SUMMARY SUIT NO. 3530 OF 2007 Kaustubh Manohar Naik .. Plaintiff V/s. The Secretary, Kannamwar Nagar Ganesh CHS Limited. .. Defendants .... Mr. N. S. Parte for the plaintiff. None for the Defendants. .... CORAM : A. S. OKA, J. DATE : JANUARY 13, 2011. P.C. The learned counsel appearing for the plaintiff in support of the Notice of Motion states that affidavit of service of Notice of Motion will be filed within a period of two weeks from today. He states that Notice of Motion has been served upon the defendants by registered Post A.D. on 31st December, 2010. 2 nms3030-09 2. There is no reply filed by the defendants. None appears for the defendants. 3. The prayer is made for restoration of the summons for judgment which was dismissed in default. In view of the averments made in paragraph Nos.4 and 5 of the affidavit in support which are not been challenged, a case for restoration is made out. Accordingly, the notice of motion is made absolute in terms of prayer clause (a). 4. Summons for Judgment shall be placed for hearing on 18th February, 2011. 5. The Advocate for the plaintiff shall serve the notice of the date fixed for hearing to the defendants in the suit. JUDGE