:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. NOTICE OF MOTION NO. 3637 OF 2003 NOTICE OF MOTION NO. 3637 OF 2003 NOTICE OF MOTION NO. 3637 OF 2003 IN IN IN SUIT NO. 4172 OF 1995 SUIT NO. 4172 OF 1995 SUIT NO. 4172 OF 1995 Rajanikant Kantilal Kadakia and anr. ...Plaintiffs. vs. Smt. Pushpa Ratilal Mehta and Ors. ...Defendants. AND Phil Corpn. Ltd ...Applicants Shailesh Shah i/by. Khona and Kayser for the plaintiffs. for the plaintiffs. for the plaintiffs. Ms. Manjiri Shah i/by. Bodhanwala and co. for the defendants for the defendants for the defendants CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. CORAM: S.U. KAMDAR, J. DATE : 2nd March, 2006. DATE : 2nd March, 2006. DATE : 2nd March, 2006. P.C. : P.C. : P.C. : 1. The present notice of motion is filed for setting aside the ex-parte decree dated :2: :2: :2: 10.11.2003. The ground on which the decree is sought to be set aside is that even before the 12 weeks expired under Rule 74 of the High Court Rules enabling the defendant to file vakalatnama, decree has been obtained because the service is of 4.9.2003 and decree is obtained on 10.11.2003. For the reasons set out in the affidavit in support I grant the motion in terms of prayer clause (a) and (b). The defendant will pay the cost to the plaintiff quantified at Rs.2500/- within two weeks. ********