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.2322 OF 2004 OF MOTION NO.2322 OF 2004 OF MOTION NO.2322 OF 2004 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.3835 OF 2003 SUIT NO.3835 OF 2003 SUIT NO.3835 OF 2003 Madhusudan Shrikrishna ...Plaintiff Vs. M/s.Emkay Exports & Ors. ...Defendants ----- Mr.N.D.Jaywant, Adv. for Plaintiff Ms.R.P.Tripathi, Adv. for Defendants CORAM: CORAM: CORAM: D.G. DESHPANDE,J. D.G. DESHPANDE,J. D.G. DESHPANDE,J. DATED: DATED: DATED: 13TH SEPTEMBER, 2004 13TH SEPTEMBER, 2004 13TH SEPTEMBER, 2004 P.C. P.C. P.C. . This Motion is taken out by the Defendants for setting aside Ex-Parte Decree. Advocate for the Defendants states that there were five suits, in four suits filed Vakalatnama and in the present suit Vakalatnama could not be filed. The suit is for the money claim. . The Motion is strongly opposed by the Counsel for the Plaintiff, however, on the explanation given by the learned Advocate for Defendants, this Motion is allowed, Ex-Parte Decree is set aside subject to payment of cost of Rs.5000/-. Payment of cost is condition precedent, to be paid within three weeks. Hence, this Motion is disposed of. (D.G.DESHPANDE) (D.G.DESHPANDE) (D.G.DESHPANDE) JUDGE JUDGE JUDGE