- 1 - 926.nms.758.10 s.2263.04 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 758 OF 2010 IN SUIT NO.2263 OF 2004 Smt.Komalam Ramchandra Nair ..Plaintiff -Versus- Mahim Sampadad Co-op. Hsg. Soc. Ltd. ..Defendant .......... Ms.Bina R. Pai for the Plaintiff. Ms.Sadiya Kazi i/by Rajeev Matkar for the Defendant. .......... CORAM : S.J. KATHAWALLA, J. DATE : 4TH MARCH 2011. P.C. 1 By this Notice of Motion, the plaintiff seeks setting aside of the order passed by the Additional Prothonotary dated 5th December 2007 dismissing the above suit on the ground that the plaintiff had not filed an affidavit of service of the writ of summons. 2 Though the Notice of Motion is served on the defendant, as far as back as in June 2010, no reply has been filed till date. As pointed out in - 2 - 926.nms.758.10 s.2263.04 paragraphs 5, 6 and 7 of the affidavit in support the Notice of Motion the writ of summons was already served on the defendant on the date of the order. However, an affidavit of service could not be filed since there was a change in the advocate for the plaintiff. The learned Advocate for the plaintiff seeks to tender the affidavit of service of the writ of summons dated 17th June 2010. The same is taken on record. In view thereof, sufficient cause is shown by the plaintiff for setting aside the order dated 5th December 2007. The Notice of Motion is allowed in terms of prayer clauses (a) and (b). The defendant shall file their written statement within four weeks from today. [ S.J. KATHAWALLA, J. ] -