1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1271 OF 2010 IN SUMMARY SUIT NO.818 OF 2007 Mrs. Nayana Y. Mistry. ..Plaintiff. Vs. M/s. K. Bhatia Constructi0on and ors. ..Defendants. Mr.A.K.Jha i/by Diwakar Dwivedi for the plaintiff. Mr.N.G.Raut for the Defendants. CORAM : R.S. MOHITE, J. DATE : 7th June, 2010 PC : 1 This is a notice of motion taken out by the original defendant Nos. 1 to 3 for setting aside the order dated 25.3.2010 directing that the suit be set down for exparte decree against the defendants and for further relief that summary suit be placed for further directions. It is seen that exparte decree has not been yet passed in this 2 case. It is contended in the affidavit in support that there was no delay in filing the written statement. The written statement was affirmed on 21.3.2010. In the circumstances, notice of motion is allowed in terms of prayer clause (a). Since the written statement has been filed, suit will be listed for compilation of original documents and for framing of issues. Both the parties are directed to formulate the draft issues and to exchange the same . The issues will be settled on the next date by which time the original documents will be filed in the court. S.O. 30.6.2010 for settlement of issues. ( R.S. MOHITE, J.)