Urmi Deepak Kadia v. Atul Projects India Ltd. And 10 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 445 OF 2015 IN SUIT NO. 3116 OF 2010 Urmi Deepak Kadia .. Plaintiff Vs.

Atul Projects India Ltd. & Ors.

.. Defendants Mr.Jawahar Thakkar for plaintiff.

Mr.N.M. Shah for defendant no.1.

Mr.Vasim Shaikh a/w. Ms.Mansi Shah i/b M/s. Pravin Mehta & Mithi & Co. for defendant nos.2 to 6.

Ms.Anjali Trivedi i/b V. Thakur for defendant no.7, 8, 10 & 11. CORAM : K.R.SHRIRAM, J.

DATED : 9TH OCTOBER, 2015 P.C.

This notice of motion is taken out on behalf of the plaintiff for recalling the order dated 8.12.2014 and to restore the suit to file. In the affidavit in support and in the Exh.'C' annexed to the affidavit in support, it is stated that the reason why the advocate could not remain present when the matter was called out is because the clerk did not inform the advocate on record. Mr.Thakker who is appearing for the plaintiff expressed his regrets that there was a lapse on his part. In view thereof, order dated 8.12.2014 is recalled and the suit is restored to file. The counsel for defendant no.1 and 1/3

defendant nos.7, 8, 10 and 11 states that they have instructions to press for costs. Therefore, the plaintiff to pay a sum of Rs.3,000/- each to the advocate for defendant no.1 and advocate for defendant nos.2 to 6 and defendant nos.7, 8, 10 & 11, i.e., a total of Rs.9,000/-. Stand over to 23.11.2015 for framing of issues. (K.R. SHRIRAM, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order/judgment.

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