srp. HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 183 OF 2008. IN NOTICE OF MOTION NO. 4684 OF 2007. IN SUMMARY SUIT NO. 2854 OF 2003. M/s. Shree Metal Works & Co., ..Appellant. V E R S U S Chaudhary Abdul Majid Shahad. ..Respondent. --- None present. CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & R.V.MORE, JJ. R.V.MORE, JJ. R.V.MORE, JJ. DATE : August 13, 2008. DATE : August 13, 2008. DATE : August 13, 2008. P.C. P.C. P.C. 1. Heard. This matter was on board on 5/5/2008, 14/7/2008, 22/7/2008, 29/7/2008 and 6/8/208. On these dates nobody appeared for the appellant. Today also nobody is present for the appellant. The appeal is directed as against the order dated 3/3/2008 passed in Notice of Motion No.4684/2007 in Summary Suit No. 2854/2003. The ex-parte decree was passed on 19/1/2005 in Summary suit No. 2845/2003. The aforesaid notice of motion was taken out for setting aside the ex-parte order on 6/12/2007, ie., almost after a period of 3 years. The only explanation offered for delay is that the advocate did not notice the board. Learned Single Judge has rightly observed that there is no averment as to what plaintiff did during these three years. No interference is called for at the hands of this Court. Appeal is therefore rejected. 2. In view of the disposal of the main appeal, notice of motion/s taken out in this appeal does/do not survive and the same accordingly stand/s disposed of. (R.V.MORE, J.) (S.B.MHASE, J.) (R.V.MORE, J.) (S.B.MHASE, J.) (R.V.MORE, J.) (S.B.MHASE, J.)