1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.735 OF 2009 IN SUMMARY SUIT NO.2249 OF 2003 ETC Network Ltd. .. Plaintiff versus Synthiko Exports Pvt Ltd. .. Defendant Mr.Rizvi Naser Ali i/by T. Jariwala & Associates for the plaintiff. Ms.Mugdha Jadhav i/by Mr.V.N.Bangera for the defendant. CORAM : A.S.OKA, J. DATE : 23rd November 2009. P.C: . Heard learned counsel appearing for the plaintiff in support of notice of motion and the learned counsel appearing for the defendant who has opposed the notice of motion. 2. The summons for judgment taken out by the plaintiff was disposed of by order dated 21st March 2005. Unconditional leave to defend was granted by this Court. In the present notice of motion, the prayer is for passing ex- parte decree against the defendants on the ground that the defendants have not filed the written statement. The learned counsel appearing for the defendants pointed out that the written statement has been filed on 5th April 2005 and a copy thereof was also served to the advocate for the plaintiffs. 2 3. As the written statement was filed on 5th April 2005, no case is made out for passing ex-parte decree. Accordingly, notice of motion is dismissed. The suit shall be set down on board on 16th December 2009 for settlement of issues. (A.S.OKA,J)