1 NMS2729.09 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 2729 OF 2009 IN SUMMARY SUIT NO. 2997 OF 1985 The Maharashtra Housing & Area Development Authority & ors. ... Plaintiffs v/s M/s.Lily Construction Co. & ors. ... Defendants Mr.P.G.Lad, A.G.P. for the plaintiff. Mr.Simil Purohit with Paresh J. Shah i/by Vimal Dalal for defendant Nos.1, 2, 5 and 6. CORAM: R.M.SAVANT, J. DATED: 14TH MARCH, 2011 P.C.: 1. Shr Purohit, the learned counsel for the defendants , fairly draws my attention to the order dated 25.11.2010 passed in Notice of Motion No.2731 of 2009 in companion Suit No.2995 of 1985. In view thereof, the above Notice of Motion is required to be allowed. 2. The Notice of motion is accordingly allowed and made 2 NMS2729.09 absolute in terms of prayer clause (a). The suit is resultantly restored to file. 3. The learned counsel appearing for the plaintiff MHADA states that the affidavit of evidence of one Mr. Shrivastava Mukund, Deputy Engineer, has already been filed. Insofar as Suit No.2997 of 1985 is concerned, affidavit of evidence is tendered across the bar. The same is taken on record. The learned counsel appearing for the plaintiff MHADA further states that he may file an application for adducing secondary evidence in the above suits. He may do so within two weeks from date. (R.M.SAVANT, J.) 3 NMS2729.09