1 nms-670-09-s-3568-02 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 670 OF 2009 IN SUIT NO. 3568 OF 2002. Wacker Chemie GmbH. ..Plaintiff. vs. Reliance Silicones (India) Ltd. & Anr. ..Defendants. .... Ms. Christine Rewrie , i/b. Little & Co., for Plaintiff. Mr.Amey Nabar, i/b. Hariani & Co., for Defendant No.1. .... CORAM : S.J. KATHAWALLA, J. DATE : 24TH FEBRUARY 2011. P.C. The learned Advocate appearing for the Defendant No.1 submits that the Defendant No.1 have collected their complete papers from them in the year 2003 itself qua all the matters of the Defendant No.1 which were handled by them. He has produced several letters wherein the Defendant No.1 has acknowledged having received back the papers in the matters. He therefore seeks discharge from appearing in the said matter on behalf of the Defendant No.1. The learned Advocates for the Defendant No.1 are accordingly, discharged from appearing on behalf of the Defendant No.1 in the above Suit. 2. By this Notice of Motion, the Plaintiff has sought setting aside of the order of dismissal of the Suit dated 16th January 2008 against the Defendant No.2 passed by the Prothonotary and Senior Master of this Court, on the ground that the writ of summons were not served on the Defendant No.2. 2 nms-670-09-s-3568-02 3. The learned Advocate appearing for the Plaintiff submits that the writ of summons was served on the Defendant No.2 on 8th February 2003. However, the Plaintiff could not produce the acknowledgment of the Defendant No.2 before the Prothonotary and Senior Master on 16th January 2008. An Affidavit dated 29th August 2008 is filed proving service of the writ of summons on the Defendant No.2 on 8th February 2003. In view thereof, the order passed by the Prothonotary and Senior Master is set aside and the Suit against the Defendant No.2 is restored to file. The Notice of Motion is accordingly, disposed of. The Plaintiff is directed to forthwith serve a copy of this order on the Defendant No.2. 4. Place the Suit for directions on 24th March 2011. [ S.J. KATHAWALLA, J. ]