: 1 : nms-1126-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1126 OF 2010 IN SUIT NO. 882 OF 1998 The Chairman, Bombay Port Trust & Anr. .. Plaintiffs v/s. M/s. M.B. Eduljee Cassinath Sons .. Defendants And Mr. Mahakhurshid K. Byramjee .. Applicant ......... Mr. U.J. Makhija i/b Mulla & Mulla for the plaintiffs Mr. Pankaj Sutar, Indrajeet Godse i/b Khaitan & Jayakar for the applicant ......... CORAM : R.Y.GANOO, J. DATE : 26th NOVEMBER, 2010 P.C. : 1. This motion is taken out for setting aside ex-parte decree dated 10th September, 2009. 2. Learned Counsel Mr. Makhija appearing on behalf of the plaintiffs while opposing the motion, pointed out that the manner in which the motion is taken out is defective. He pointed out to the Court that affidavit of one Mrs. M.K. Byramjee is sought to be relied and the said affidavit is said to have been signed by one Mr. Bhatia claiming himself : 2 : nms-1126-10=.sxw as a power of attorney holder of Mrs. M.K. Byramjee. If Mrs. Byramjee was to declare the affidavit, the signature of Mr. Bhatia on behalf of Mrs. M.K. Byramjee will not be proper. This is a patent defect in the motion. The motion is not in appropriate form. Hence, following order is passed to dispose of the notice of motion. ORDER (i) Motion is dismissed. (ii) Applicant to pay to plaintiffs costs of Rs.2,000/- towards this motion. Cost, condition precedent for future proceedings. (R.Y.GANOO, J.)