:1: bgp bgp bgp 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.4688 OF 2007 OF MOTION NO.4688 OF 2007 OF MOTION NO.4688 OF 2007 IN IN IN APPEAL APPEAL APPEAL NO.697 OF 2004 NO.697 OF 2004 NO.697 OF 2004 IN IN IN ARBITRATION ARBITRATION ARBITRATION PETITION NO.328 OF 2002 PETITION NO.328 OF 2002 PETITION NO.328 OF 2002 M/s.Larsen & Toubro Ltd. ..Appellant Vs. Maharashtra State Electricity Board ..Respondent Mr.Munir Merchant for the Appellant. Mr.K.H.Modi i/b.Little & Co. for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 21ST JANUARY,2008 : 21ST JANUARY,2008 : 21ST JANUARY,2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. By this Notice of Motion, the Appellant is seeking recall of our order dated 3rd December,2007 whereby, the above Appeal was dismissed in default. Perused the Affidavit-in-support of the Notice of Motion. Sufficient cause is made out for recalling our order dated 3rd December,2007. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion No.4688 of 2007 is made absolute. The above Appeal is restored to file. 2. The learned Counsel for the Respondent points out that the Appellant has not filed a proper paper book in the above. The learned Counsel for the :2: Appellant undertakes to file a proper paper book within a period of two weeks from today and furnish a copy thereof to the learned Counsel for the Respondent. 3. Matter stands adjourned by four weeks. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)