- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO.222 OF 2005 IN SUIT NO.466 OF 2002 ... New India Asurance Co.Ltd. ...Plaintiffs v/s. Sany Shipping Pte. & Anr. ...Defendants ... None for the Plaintiffs. Mr.Vishal Sheth i/b R.A.Fernandes for the Defendant No.2. ... CORAM: D.K.DESHMUKH, J. DATED: 8TH MARCH,2006 - 2 - P.C.: This Notice of Motion is taken out by the Defendant No.2. The learned Counsel appearing for the Defendant No.2 states that the motion has been served on the Plaintiffs. He undertakes to file affidavit of service within one week. This motion is taken out by the Defendant No.2 for rejection of the plaint against the Defendant No.2 because even according to averments in the plaint, the Defendant No.2 is an agent of the disclosed principal. Though this motion is served on the Plaintiff, the Plaintiff has not cared to file any affidavit-in-reply. In the absence of any reply, accepting the averments made in the affidavit filed in support of the motion at their face value, this Motion is granted in terms of prayer clause (a). Motion disposed of. ...