- 1 - 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 CHAMBER CHAMBER CHAMBER SUMMONS NO.1038 OF 2008 SUMMONS NO.1038 OF 2008 SUMMONS NO.1038 OF 2008 IN IN IN SUIT SUIT SUIT NO.2079 OF 2008 NO.2079 OF 2008 NO.2079 OF 2008 Sharda M.Ruparelia & Anr. ...Plaintiffs vs. Rajkumar Maliram Sharma & Ors. ...Defendants Mr.Pradeep Thorat for the plaintiffs None for the defendants CORAM CORAM CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : NOVEMBER 10,2008 : NOVEMBER 10,2008 : NOVEMBER 10,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel appearing for the plaintiff in support of the notice of motion. The prayer in the chamber summons is for setting aside the conditional order of dismissal of the suit passed under section 986 of the Bombay High Court Original Side Rules passed by the learned Prothonotary and Senior Master on 20th February 2007. Another prayer is made for condonation of delay in taking out the chamber summons. My attention has been invited to the averments made in the affidavit and in particular paragraphs 2 and 3 thereof. 2. By order dated 28th February 2007, the suit was ordered to be dismissed in the event the plaintiffs fail to remove the office objection on or before 6th March 2007. The learned counsel for the plaintiffs states that now all the office objections have been removed. - 2 - 3. In view of this position and in view of the averments made in the chamber summons, the same is made absolute in terms of prayer clauses (a) and (b). JUDGE JUDGE JUDGE