: 1 : nms-2564-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2564 OF 2009 IN SUMMARY SUIT NO. 2117 OF 2007 Jagdish Kasturchand Shah .. Plaintiff v/s. Mahendra Waghani .. Defendant ......... Mr. S.R. Jaiswal for the plaintiff in support of NMS. ......... CORAM : R.Y.GANOO, J. DATE : 7th OCTOBER, 2010 P.C. : 1. It is clear that this motion has been taken out by the plaintiff. Plaintiff was granted relief in terms of Motion No.2137 of 2008 and the suit was restored to the file of the Court. This is being stated on reading of order dated 16th June, 2009 passed in Motion No.2137 of 20008 and text of the Motion. Hence, there is no need to prosecute this notice to the plaintiff. Motion stands disposed of with no order as to costs. Plaintiff states that writ of summons is already served upon the advocate after order dated 16th June, 2009 was passed. Plaintiff to file : 2 : nms-2564-09=.sxw affidavit of service on the next date i.e. 19th November, 2010. Adjourned to 19th November, 2010 for filing affidavit of service of writ of summons. (R.Y.GANOO, J.)