Doris Theresa Veljee v. Hazel Fernandes @ Hazel And Mathew D. Depenha And 2 ORS (Applicants)

30.nm.s2430.16.chs.329.15.s.416.2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2430 OF 2016 IN CHAMBER SUMMONS NO. 329 OF 2015 IN SUIT NO. 416 OF 2013 Mathew Damian Depenha & Ors.

.. Applicants In the matter between :

Doris Theresa Veljee .. Plaintiff Vs.

Hazel Fernandes alias Hazel Milton Fernandes .. Defendant And Matthew Damian Depenha & Ors.

.. Respondents Mr.Savio Viegas for applicants.

Mr.Kunal Mehta i/b Ranjit & Co. for defendant no.1. CORAM : K.R.SHRIRAM, J.

DATE : 22ND DECEMBER, 2016 P.C.

This notice of motion is taken out to restore chamber summons No.329 of 2015 that came to be dismissed on 20th August 2016 for default. It is stated that the applicant's husband was unwell and the applicant and her son were attendingto him at the hospital. The counsel for the applicants states that the Advocate was also not well on that date. Shri Viegas also stated that he had viral fever on that date. Shraddha Talekar PS 1/2

30.nm.s2430.16.chs.329.15.s.416.2013.doc I have no reason to disbelieve Shri Viegas. In the circumstances, the notice of motion is allowed in terms of prayer clauses (a) and (b) and accordingly disposed.

The chamber summons No.329 of 2015 be listed for hearing on 25th January 2017.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2