IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 303 OF 2002 OF MOTION NO. 303 OF 2002 OF MOTION NO. 303 OF 2002 IN IN IN WRIT WRIT WRIT PETITION NO. 785 OF 1989 PETITION NO. 785 OF 1989 PETITION NO. 785 OF 1989 K.S. Srinivasan ..Petitioner V/s. N.Raghunathan Development Commissioner (SSI) and Chairman of the Govering Council I.D.E.M.I. and Anr. ..Respondents ..... M. Janardhanan for the Petitioner None for the Respondents ...... CORAM CORAM CORAM : SHRI J.N.PATEL & : SHRI J.N.PATEL & : SHRI J.N.PATEL & SHRI SHRI SHRI K.K.TATED, JJ. K.K.TATED, JJ. K.K.TATED, JJ. DATE DATE DATE : 1ST AUGUST, 2008. : 1ST AUGUST, 2008. : 1ST AUGUST, 2008. P.C.: . By this Notice of Motion, Respondent No.1 seeks setting aside the ex-parte order passed on 10th January, 2002 in the said Writ Petition. On going through the order which is sought to be set aside which is annexed to the Notice of Motion as Exh.-1, we find that the decision is on merits and cannot be said to be an ex-parte order and therefore, the appropriate remedy to the aggrieved person is to seek review of the said order rather than seeking the relief of setting aside of the : 2 : order by stating that it is an ex-parte order. Therefore, we dismiss this Notice of Motion with liberty to Respondent No.1 to file an application for review, subject to law of limitation. 2. The Notice of Motion is disposed off accordingly. (J.N. (J.N. (J.N. Patel, J.) Patel, J.) Patel, J.) (K.K. (K.K. (K.K. Tated, J.) Tated, J.) Tated, J.)