: 1 : nms-3829-07=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3829 OF 2007 IN SUIT NO. 4708 OF 1995 Vijaya Bank .. Plaintiff v/s. Cifco Finance Ltd. & Ors. .. Defendants ......... Mr. Uday Shelke for the plaintiff in support of NMS. Mr. Bhavik Manek i/by M/s. Wadia Gandhy & Co. for defendant nos. 1 and 2. None for defendant nos. 3 and 4. ......... CORAM : R.Y.GANOO, J. DATE : 7th OCTOBER, 2010 P.C. : 1. Heard learned Counsel on both sides. Motion is not served upon defendant nos. 3 and 4. Hence, it will have to be dismissed so far as defendant nos. 3 and 4 are concerned. Affidavit-in-reply is not filed. After having gone through the text of the affidavit in support of notice of motion, I am inclined to allow the notice of motion so far as defendant nos. 1 and 2. Hence, following order is passed. ORDER (i) Motion is made absolute in terms of prayer clause (a) so far as : 2 : nms-3829-07=.sxw defendant nos. 1 and 2. (ii) Motion is dismissed for want of prosecution as against defendant nos. 3 and 4. There shall be no order as to costs. (iii) Suit is adjourned to 30th November, 2010 for issues. (R.Y.GANOO, J.)