1 upa IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.823 OF 2005 NOTICE OF MOTION NO.823 OF 2005 NOTICE OF MOTION NO.823 OF 2005 IN IN IN SUMMONS FOR JUDGMENT NO.320 OF 2004 IN SUMMARY SUIT NO.619 OF 2004 Jagdishchandra S. Somani ).. Plaintiff Versus Naresh R. Chokhani ).. Defendant Mr.Rajendra Singh i/b.Mr.S.M. Jain for the Plaintiff. None present for the Defendant. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. DATED : 14TH JUNE 2006 DATED : 14TH JUNE 2006 DATED : 14TH JUNE 2006 P.C.: P.C.: P.C.: . The Notice of Motion has been taken out for restoration of Summons for Judgment No.320 of 2004 in Summary Suit No.619 of 2004. This Summons for Judgment was dismissed for non-prosecution on 22nd February 2005 since nobody was present on behalf of the Plaintiff. 2. The Plaintiff has pointed out that, on 22nd February 2005, when the matter reached for hearing, neither he nor his Advocate remained present for the reasons stated in the affidavit in support of the Motion. 2 3. Nobody appears for the Defendant though served. Affidavit of service is filed on record. 4. For the reasons stated in the affidavit in support of the Motion, Notice of Motion made absolute in terms of prayer clauses (a) and (b).