SRJ wp-2824-09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2824 OF 2009 The Managing Director- Shabari Adiwasi Vitta Vikas Mahamandal Maryadit ..Petitioners. Vs. M/s. Bharat Auto Stores ..Respondents. Mr.R.M.Haridas i/b. P.N.Joshi for Petitioners. CORAM : A.S.OKA, J.. DATE : 8th October, 2009. P.C. : 1] Heard the learned counsel appearing for the Petitioner. The challenge in this Petition is to an order passed by the Trial Court by which Ex-parte decree passed in favour of the Petitioner has been set aside. The submission of the counsel appearing for the Petitioner is that the record of the trial Court shows that service of summons was properly effected by following provisions of rule 20 of Order V of the Code of Civil Procedure, 1908. He submitted that there is enough material on record to show that the Respondent earlier evaded the service of summons. He, therefore, submitted that Ex-parte decree could not have been set aside. SRJ wp-2824-09.sxw 2 2] After having considered the submissions and after perusing the impugned order, I find that the Trial Court has accepted the case of the respondent that there is no proper service of suit summons. The effect of the impugned order is that a money decree which is passed without hearing the Respondent has been set aside. 3] In view of the findings recorded by the Trial Court, no case is made out for interference. Petition is rejected. 4] Trial Court is directed to decide the suit expeditiously and in any event on or before 30th June, 2010. (A.S.OKA, J. )