1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1409 OF 2004 IN SUIT NO.4603 OF 1995 Larsen & Toubro Ltd. & Another. ... Plaintiffs. vs. Transport Corporation of India Ltd. ... Defendants. --- Ms.Trivedi i/b. Mr.P.N.Sadarangani, for Plaintiffs. Mrs.B.J.Singh, for Defendants. CORAM: D.K.DESHMUKH,J. DATED: 4th March, 2005. P.C.:- 1. Perusal of order dated 29th September,2003 passing the ex-parte decree shows that the decree is 2 passed in the absence of written statement. Therefore, the decree is under Order 8 Rule 5 of Civil Procedure Code. Hence, the Notice of Motion is not maintainable. Notice of Motion is disposed of. 4.3.2005 ---