-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4317 OF 2006 IN SUMMARY SUIT NO.3412 OF 2005. Tata Motors Ltd. ..Plaintiff. v/s. Mithila Autos & Ors. ..Defendants. .... Mr.Nishad G. Nadkarni, i/b. DSK Legal, for the Plaintiff. None for the Defendant Nos.1 & 2. Mr. R.U. Singh, for Defendant No.3. .... CORAM CORAM CORAM : S.J.KATHAWALLA, J. : S.J.KATHAWALLA, J. : S.J.KATHAWALLA, J. DATE DATE DATE : 19TH DECEMBER, 2008. : 19TH DECEMBER, 2008. : 19TH DECEMBER, 2008. P.C. P.C. P.C. . This Notice of Motion is taken out on behalf of defendant nos.1 & 2 for setting aside an ex-parte order dated 25th July 2006 by which the plaintiff’s Suit against the defendant nos.1 & 2 is decreed. However, none appears for the defendant nos.1 & 2. 2. From the said order dated 25th July 2006 passed by this Court, it is apparent that the defendant nos.1 & 2 were served and they were represented by an advocate. Though the defendants had filed an appearance of their advocate on time, they had not filed any reply. The Court therefore, has decreed the suit against the defendant nos.1 & 2. Even today, the defendant nos.1 & 2 are not present and their advocate is also absent. -2- 3. Notice of Motion is, therefore, dismissed. [S.J.KATHAWALLA, [S.J.KATHAWALLA, [S.J.KATHAWALLA, J.] J.] J.]