: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 NOTICE NOTICE OF MOTION NO. 4263 OF 2008 OF MOTION NO. 4263 OF 2008 OF MOTION NO. 4263 OF 2008 IN IN IN SUIT SUIT SUIT NO. 645 OF 2003 NO. 645 OF 2003 NO. 645 OF 2003 Captain Naresh Kukreja. ...Plaintiff. V/s. Sudhir Jain & Anr. ... Defendants. Ms. Ratna Jaiswal for the Plaintiff. Mr. K.N. Kandekar i/b. Vikas Mahanagar for Defendants 1 & 2. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 19TH 19TH 19TH DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . This is a Notice of Motion to set aside an ex-parte order which was passed against the Defendants in Notice of Motion No. 1768 of 2006 in Suit No.645 of 2003. The Plaintiff has filed this Suit for recovery of certain money. The Plaintiff moved Notice of Motion being Notice of Motion No.1768 of 2006 for furnishing security and in default, attachment before Judgment of a immovable property more particularly described therein. 2. The complaint of the Defendant’s Advocate is that this Notice of Motion was decided ex-parte without the Defendant’s Advocate being heard. There is no affidavit in reply to this Notice of Motion. The version which has :2: been set out by the Defendants in the affidavit in support of this Motion therefore, deserves to be accepted. Accordingly, the Notice of Motion is made absolute in terms of prayer clause (a). 3. Notice of Motion No.1768 of 2006 in Suit No. 645 of 2003 stands restored to the file of this Court for being disposed off afresh and in accordance with law on 12th January 2009. The Defendants to file reply, if any, on or before that date and serve a copy in advance to the Plaintiff’s Advocate. No fresh notice will be given to the parties. This date is fixed with their consent. However, until further orders on the above Notice of Motion, the Flat which is presently occupied by the Defendants being Flat No.206, Matru Sadan, 2nd floor, B Wing, Garden View Lane, Nala Sopara (East), Thane, shall not be sold if the same is already not sold/disposed off. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)