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. 2881 OF 2008 OF MOTION NO. 2881 OF 2008 OF MOTION NO. 2881 OF 2008 IN IN IN APPEAL APPEAL APPEAL NO. 1150 OF 1997 NO. 1150 OF 1997 NO. 1150 OF 1997 IN IN IN NOTICE NOTICE NOTICE OF MOTION NO. 3189 OF 1996 OF MOTION NO. 3189 OF 1996 OF MOTION NO. 3189 OF 1996 IN IN IN SUIT SUIT SUIT NO. 124 OF 1996 NO. 124 OF 1996 NO. 124 OF 1996 Aruna R. Gajjar ] .. Appellant (Org.Def.No.3) Versus 1. Central Bank of India & 2 ors. ] .. Respondents (Org.Pltf. and Defdts.1 & 2) Mr. Shyam Mehta with Mr. Ajay Fernandes i/b Ms. Rashmi Joshi for the appellant. Mr. Avinash Joshi i/b M/s. Mulla & Mulla and Cragie Blunt & Caroe for the respondent No.1. CORAM: S.B. MHASE & R.V. MORE, JJ. DATED: 29TH AUGUST, 2008 P.C. : 1. Heard. 2. This is a Notice of Motion for restoration of the appeal which was dismissed for non appearance by order dated 13th March, 2006. The Notice of Motion has been filed after a period of about two years. However, in the interest of justice we allow the Notice of Motion in terms of prayer clauses (a) and (b), subject to cost : 2 : of Rs.3,000/- to be equally paid to each of the respondents within two weeks from today. Prayer clauses (a) and (b) of the Notice of Motion read thus: "(a) that this Hon’ble Court be pleased to condone the delay in filing of this Notice of Motion; (b) that this Hon’ble Court be pleased to recall the Order dated 13th March, 2006 and restore the Appeal to file;" 3. So far as prayer (c) is concerned, liberty to the applicant to file separate Notice of Motion. 4. Notice of Motion, accordingly, stands disposed of. Sd/- Sd/- [R.V. [R.V. [R.V. MORE, J.] MORE, J.] MORE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]