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. 1340 OF 2005 OF MOTION NO. 1340 OF 2005 OF MOTION NO. 1340 OF 2005 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 962 OF 2003 OF MOTION NO. 962 OF 2003 OF MOTION NO. 962 OF 2003 IN IN IN SUIT SUIT SUIT NO. 1437 OF 2002 NO. 1437 OF 2002 NO. 1437 OF 2002 1. Khan Bahadur Haji Amir Rais Trust ] and anr. ] .. Plaintiffs Versus Mr. Adil Kothwal. ] .. Defendant None for the plaintiffs. Anuj Bhasma i/b Wadia Ghandy & Co. for the defendant. CORAM: ANOOP V. MOHTA, J. DATED: 18TH MARCH, 2006 P.C. : . None appeared for the applicants. 2. This Notice of Motion has been taken out for restoration of the Notice of Motion No. 962 of 2003 in Suit No.1437 of 1992 which was dismissed for default on 10th March, 2005. Considering the averments made and in view of the fact that there is no reply to this Notice of Motion, I am inclined to grant this Notice of Motion in terms of prayer clause (a) and (b). However, this : 2 : will be subjec to costs of Rs.1,000/- to be paid within two weeks from today, as a condition precedent. 3. Notice of Motion stands disposed of accordingly. Sd/- [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]