1 28 nms.2363.06 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2363 OF 2006 IN SUIT NO. 943 OF 2006 Sunrise Transmission Limited. ... Plaintiff Vs. Sikkas Kwick Handling Services (P) Ltd. ... Defendant -------- Mr. V.M. Bhardwaj for the Plaintiff. Mr. Kamal Katha i/b Motiwalla and Company for the Defendant. -------- CORAM : A.A. SAYED, J. DATE : 28 th July, 2010. P.C. 1 This Motion is taken out by the Plaintiff to stay the execution of the decree passed in Summary Suit No. 3392 of 2003. Admittedly, the Plaintiff had contested Summons for Judgment No. 22 of 2004 in the said Summary Suit No. 3392 of 2003 filed by the Defendant, wherein by an order dated 18 th January, 2005 the Summons for Judgment No. 22 of 2004 was allowed and the suit was decreed. The matter was carried in appeal by the present Plaintiff and the appeal was dismissed. The decree has therefore attained finality. 2 28 nms.2363.06 2 The learned counsel for the Plaintiff submitted that on the principles of justice, equity and good conscience, since the Plaintiff has a good case on merits against the Defendant, the execution of that decree be stayed. The learned counsel contended that in the present case, Section 47 of the Code of Civil Procedure would not apply on the principles of justice, equity and good conscience. 3 Having heard the learned counsel for the parties, in my view, the contention on behalf of the Plaintiff is without substance and the present Notice of Motion is an abuse of process of Court. The decree in Summary Suit No. 3392 of 2003 having attained finality, the execution thereof cannot be called in question in the present suit filed by the Plaintiff. 4 In the circumstances, the Notice of Motion is dismissed with costs quantified at Rs.5000/- to be paid by the Plaintiff to the Defendant within four weeks from today. [ A.A. SAYED, J ]