1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2049 OF 2009 IN SUMMONS FOR JUDGMENT NO.429 OF 2007 IN SUMMARY SUIT NO.2047 OF 2007 Maharashtra State Road Development Corporation .. Plaintiff versus Ramchand Gunaram Chatwani .. Defendant ... Mr.V.C.Ghosalkar for the applicant/plaintiffs in support of Notice of Motion. Mr.M.G.Barve for the defendants CORAM : D.G. KARNIK, J DATED :15th July 2009 P.C:- 1. Heard. 2. This motion is taken out by the plaintiff for relieving the plaintiff of the statement made on 23rd April 2009 about the alleged death of the defendant. The plaintiff has filed the affidavit that defendant is not dead and has filed a 2 further affidavit of Mr.Vijay Govind Dhokre explaining the circumstances under which the plaintiff believed that defendant has died. In view thereof, explanation given by the plaintiff is accepted. The plaintiff is relieved of the statement made on 23rd April 2009 of the death of defendant. Consequently, order dated 23rd April 2009 is also recalled. 3. Suit and Summons for Judgement shall proceed in the usual course. 4. Motion is disposed of. (D.G. KARNIK, J)