: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.4078 OF 2007 OF MOTION NO.4078 OF 2007 OF MOTION NO.4078 OF 2007 IN IN IN APPEAL APPEAL APPEAL NO.691 OF 2002 NO.691 OF 2002 NO.691 OF 2002 IN IN IN WRIT WRIT WRIT PETITION NO.732 OF 2002 PETITION NO.732 OF 2002 PETITION NO.732 OF 2002 Azim A.Charania ..Appellant Vs. The Managing Director, Development Credit Bank Ltd. ..Respondent Mr.Mohan Bir Singh for the Appellant. Mr.Piyush Shah 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 : 22ND FEBRUARY, 2008 : 22ND FEBRUARY, 2008 : 22ND FEBRUARY, 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 22nd October, 2007, whereby the above Appeal was dismissed in default. Perused the Affidavit-in-support of the Notice of Motion. Sufficient cause is made out to recall the said order. There is no case of inaction, negligence or want of bonafide on the part of the Appellant. Hence, the Notice of Motion is made absolute in terms of prayer clause (a). 2. Place the above Appeal on board for final hearing on 17th march, 2008. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) :2: