: 1 : nms-3163-09=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3163 OF 2009 IN SUMMARY SUIT NO. 3599 OF 2006 Haresh Petrochem Pvt. Ltd. .. Plaintiffs v/s. Dujodwala Paper Chemicals Ltd. .. Defendants ......... Mr. P.S. Colabawala i/b M/s. Madekar & Co. for the plaintiffs Mr. Birendra Saraf, Mr. Vishal Shriyan, Sandesh Shukla i/by Legasis Partners for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 26th NOVEMBER, 2010 P.C. : 1. This motion is taken out by the defendants to condone the delay of 175 days for pressing the motion by which defendants want to apply for setting aside ex-parte decree dated 12th March, 2009. Heard learned Counsel on both sides. In view of what is stated in the affidavit in support of notice of motion, I am inclined to take lenient view and condone the delay. Accordingly, following order is passed to dispose of the notice of motion. : 2 : nms-3163-09=.sxw ORDER (i) Notice of Motion is made absolute in terms of prayer clause (a). (ii) There shall be no order as to costs. (R.Y.GANOO, J.)