:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. NOTICE OF MOTION NO. 476 OF 2003 NOTICE OF MOTION NO. 476 OF 2003 NOTICE OF MOTION NO. 476 OF 2003 IN IN IN SUMMONS FOR JUDGMENT NO. 484 OF 2001 SUMMONS FOR JUDGMENT NO. 484 OF 2001 SUMMONS FOR JUDGMENT NO. 484 OF 2001 IN IN IN SUMMARY SUIT NO. 3484 OF 2000 SUMMARY SUIT NO. 3484 OF 2000 SUMMARY SUIT NO. 3484 OF 2000 Hindustan Motor Manufacturing Co. .....Plffs. Plffs. Plffs. vs. Meico Pumps and Generators Pvt. .....Defnds. Defnds. Defnds. Haresh Mansukhani for the plaintiffs. Dunmorr Sett for the defendants. CORAM: S.U. KAMDAR, J. DATE : 6th October, 2005. P.C. :. 1. The present notice of motion has been taken out for setting aside the order dated 14.1.2003 by which the decree has been passed by this court. On :2: perusal of the affidavit the only grounds given is that the defendant sought adjournment and that they thought that the learned judge has given adjournment. However in place of adjournment the suit is decreed. There is no much substance in the aforesaid contention but in view of the fact that the affidavit has been filed by the Advocate herself as well as on the ground that the defendant should be heard on merits I am of the opinion that the decree may be set aside. 2. I have considered the case on merits. The case is that of the the goods are sold and delivered. There is no much substantial defence in the present case. However with a view to grant an opportunity to the defendant to defend the suit while setting aside the ex-parte decree I substitute the order that the defendant to deposit sum of Rs.2 lacs within four weeks from the today failing which the plaintiff will be entitled to the decree. Learned counsel on instructions states that they will deposit the sum of Rs.2 lacs. In an event if the amount is deposited the plaintiff will :3: be entitled to withdraw the same against furnishing of the bank guarantee. The plaintiff undertakes that he will keep the said bank guarantee alive by renewing the same from time to time. If such an amount is deposited suit is transferred to the list of Commercial Causes. Written statement or points of defence to be filed within four weeks from the date of deposit. Affidavits, list of documents to be filed within four weeks thereafter. Inspection within four weeks thereafter. Suit to be on board of the learned Judge taking Commercial Causes. 3. Defendant to pay cost of the Notice of Motion quantified at Rs.10,000/- to the Maharashtra Legal Aid Authority. sd/- ************