1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1848 OF 2009 IN SUIT NO. 132 OF 2004 Central Bank of India .. Plaintiff V/s Ranvindra N. Mahajan .. Defendant Mr. Jacob i/b Mr. O.A. Das for the plaintiff. Mr. B.S. Nayak for the defendant, in support. CORAM : D.G. KARNIK, J. DATE : 14TH JULY 2009 P.C. : 1. This motion is taken out by the defendant for setting aside an exparte decree passed against him in Suit No.132 of 2004. 2. At the hearing of the motion, learned counsel for the defendant tried to impeach the order passing an exparte decree on merits. This cannot be done in an application for setting aside of a decree made under Order 9 Rule 13 of the Code of Civil Procedure. The order can be challenged on merits 2 only by means of an appeal. 3. In view of this, learned counsel for the defendant seeks leave to withdraw the motion with liberty to challenge the order passing exparte decree on merits in appeal. 4. Leave granted subject to law of limitation. The motion is disposed of as withdrawn with liberty as above. (D.G. KARNIK, J.)