Atul Himatlal Trivedi v. Sushma Virendra Pal Varma

Dusane 1/2 44 nms 1679.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1679 OF 2017 IN SUIT NO.55 OF 1997 Atul Himmatlal Trivedi ....

Applicant/ Ori. Plaintiff In the matter between Atul Himmatlal Trivedi ....

Plaintiff Vs.

Sushma Virendra Pal Verma ....

Defendant Ms. Nausher Kohli i/by Aagam J. Doshi for the Plaintiff/ applicant. Ms. Sheela Mistry for the Defendant V.S. Panandikar, Assistant, Court Receiver present. Coram : R.D. DHANUKA, J.

Date : 7th November, 2017 P.C. :

This Notice of Motion seeks restoration of the suit, which was dismissed for default.

Heard learned counsel for the parties. Perused affidavit-in-support of the Notice of Motion. No affidavit-in-reply is

Dusane 2/2 44 nms 1679.2017 filed. For the reasons stated in the affidavit-in-support of the Notice of Motion, in my view, the applicant has made out a case for recall of the order dated 15th September, 2017. Notice of Motion is made absolute in terms of prayer clauses (a) and (b). Suit No.55 of 1997 is restored to file. Interim relief, if any, in the suit are also restored to file.

( R.D. DHANUKA, J.)