IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.167 OF 2006 IN NOTICE OF MOTION NO.65 OF 2004 IN SUIT NO.16 OF 2004 Kamal Galani ..Plaintiff Vs. Subhi Construction P.Ltd. and Ors. ..Defendants Mr.N.G.Thakkar i/b Kirit N.Damania and Co. for the plaintiff Mr.Ruchir Tolat i/b Pankaj Das for defendant no.4 to 8 CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 24TH JANUARY, 2006 DATED : 24TH JANUARY, 2006 DATED : 24TH JANUARY, 2006 P.C.: 1. By consent of the parties, motion is placed on board forthwith and called out. Defendants waive service. 2. The present motion is filed for setting aside an exparte order dt.9.9.04. The only ground for setting aside an exparte order is the default on the part of the clerk of the Advocate. This defence has become very common and is found in almost every matter. Thus, there is no much substance in the present application. However, the learned counsel for defendant no.4 to 8 states that in view of the fact that similar application of defendant no.1 to 3 is made absolute and an ex-parte order dt.9.9.04 as against them is set aside by D.K.Deshmukh, J by an order dt.12.1.06 the present application be also granted, if necessary, on payment of heavy cost. 3. In the light of the aforesaid, I grant motion in terms of prayer clause (a) and (b). The same will be on condition that defendant no.4 to 8 to pay cost quantified at Rs.25000 to the plaintiff on or before 31.1.06. Plaintiff will be at liberty to file any additional affidavit if they deem fit. The said affidavit to be filed on or before 4.2.06. Motion made absolute accordingly. However, an order dt.9.9.04 will continue as ad interim order for defendant no.4 to 8 till the disposal of the motion.