FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4535 OF 2007 IN SUMMONS FOR JUDGMENT NO.48 OF 2006 IN S.SUIT NO.1774 OF 2005 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr H.V.Chande, for the plaintiiff. Mr M.P.S.Rao with Mr S.Purohit i/by Udwadia & Udeshi, for the defendants. CORAM: D.B.Bhosale,J. DATED: 06.06.2008. P.C.: By this Notice of Motion taken out by original defendant no.3, he has prayed for setting aside exparte decree dated 27.6.2006 passed by this court in the suit. I have heard learned counsel for the parties for quite some time and they have fairly stated that I need not record reasons for disposing of the Motion and have agreed for the following order. (i) Defendant no.3 is directed to deposit in this court a sum of Rs.forty lacs within eight weeks from today. On such deposit being made, the exparte decree dated 27.6.2006 passed by this court in Summary Suit no.1774 of 2005, insofar as defendant no.3 is concerned, shall stand set aside and the Summons for Judgment shall stand restored to file and will be heard on merits. (ii) If defendant no.3 fails to deposit the amount, as aforementioned, the Notice of Motion shall stand dismissed and it will be open to the plaintiffs to proceed to execute the decree dated 27.6.2006. The execution, insofar as defendant no.3 is concerned, shall remain in abeyance for a period of eight weeks. (iii) The attachment levied in pursuance of the decree shall remain operative until further orders, that will be passed in the event the decree stands set aside, as aforementioned. (iv) It is made clear that the decree against defendant nos 1 and 2 remains unaltered. (v) If defendant no.3 makes a deposit, as aforementioned, the Prothonotary & Senior Master is directed to invest that amount in a nationalised Bank. With these observations, the Motion is disposed of. (D.B.Bhosale, J.)