IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4531 OF 2007 NOTICE OF MOTION NO. 4531 OF 2007 NOTICE OF MOTION NO. 4531 OF 2007 IN IN IN SUIT NO. 1426 OF 2005 SUIT NO. 1426 OF 2005 SUIT NO. 1426 OF 2005 Tata Steel Ltd. formerly known as Tata Iron & Steel Co. Ltd. & Anr. ..Plaintiffs versus M/s. Aey Gee & Ors. ..Defendants Mr. Chirag Balsara with Mr. Avinash Joshi i/b. M/s. Mulla & Mulla for the Plaintiffs. Mr. Vaibhav V. Joglekar with Mr. Sahil Mahajan i/b. Mr. Rahul Karnik for the Defendant No.2. CORAM : D. B. BHOSALE, J. CORAM : D. B. BHOSALE, J. CORAM : D. B. BHOSALE, J. DATE : 17TH APRIL, 2008. DATE : 17TH APRIL, 2008. DATE : 17TH APRIL, 2008. P.C. P.C. P.C. 1. Heard learned counsel for the parties. 2. This Notice of Motion is taken out by Defendant No.2 for setting aside an Exparte Decree dated 17th July, 2006, passed in Summary Suit No. 1476 of 2005 and for condonation of delay in filing the Motion. 3. Learned counsel for the parties have fairly stated that I need not record reasons for disposing of the Motion and they have agreed for the following Order: (i) Exparte Decree dated 17th July, 2006 is set aside qua Defendant No.2, subject to the following conditions: (a) Defendant No.2 shall furnish a Bank Guarantee in the sum of Rs.30 lakhs (Rupees Thirty Lakhs) of Nationalised Bank within a period of 10 weeks from today and shall keep the same alive till disposal of the suit. (b) Defendant No.2 and his wife Mrs. Mala Rajan Malik shall furnish undertaking within four weeks from today stating that save and except a charge to the extent of Rs.15 lakhs in favour of Oriental Bank of Commerce and Bank of India, no third party rights or charge has been created by Mrs. Mala Malik in respect of Flat No. 601-A, Versova, Skylark Co-operative Housing Society Ltd. Plot No. 89, Lokhandwala Complex, Andheri (West), Mumbai 400 053. Mrs. Mala Malik to further state that she shall not create third party rights or charge in respect of the said flat till the disposal of the suit and subject to orders of the court. (c) Defendant No.2 shall have a liberty to file Written Statement within a period of eight weeks from today. 4. Office to accept Vakalatnama of Advocate Mr. Rahul Karnik for the Defendant No.2. 5. Hearing of the suit is expedited. 6. Notice of Motion is disposed of. (D. B. BHOSALE, J.) (D. B. BHOSALE, J.) (D. B. BHOSALE, J.)