: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1397 OF 2009 IN SUIT NO.893 OF 2009 Manohar Bhojraj Advani .. Plaintiff V/s. Chandra Jethachand Harchandani & Ors. .. Defendants ..... Mr. R.C. Shah i/by Lilani Shah & Co.for the plaintiff Mr. Satish Kamat for defendant No.1 ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 18th AUGUST, 2009. P.C. : 1. On 21st April 2009, this Court after hearing the plaintiff and defendant No.1 passed an ad-interim order. The ad-interim order records the request of the 1st defendant to file a reply. After the ad-interim order was made and continued as is apparent from the orders dated 17th June, 2009 and 1st July, 2009, the 1st defendant has not taken any steps to file any reply affidavit. 2. Mr. Kamat appears today and states that neither the 1st defendant has given Vakalatnama to him nor has given instructions to file affidavit. However, the fact remains that the 1st defendant had appeared through Mr. Kamat on : 2 : 21st April, 2009 and finding that there is no denial of the averments in the plaint so also all the statements in the affidavit in support of the notice of motion, interest of justice would be sub-served if this notice of motion is made absolute by directing that the order dated 21st April, 2009 shall continue till hearing and final disposal of the suit. (S.C. DHARMADHIKARI, J.)