: 1 : N-1073-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NO.1073 OF 2010 IN EXECUTION APPLICATION NO.469 OF 2010 IN SPECIAL CIVIL SUIT NO.122 OF 2002 M/s. Sai Services .. Plaintiff v/s. M/s. Oswal Petrochemicals .. Defendants ......... Mr. Niyaz Ahmed for the claimant / plaintiff Mr. P.M. Bhagat for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 8th FEBRUARY, 2011 P.C. : 1. Affidavit-in-reply is filed. Heard learned advocate on both sides. According to defendants they were not knowing about the decree passed and only when Notice under Order XXI Rule 22 of CPC was served, they came to know about it. He prayed for some time to stay the execution of the decree. : 2 : N-1073-10=.sxw 2. In my view whether defendants are entitled to have decree set aside or not, is not a point which can be decided by this Court in notice under Order XXI Rule 22 of CPC. Defendants have not placed any cogent reason for rejecting this application. Hence, notice under Order XXI Rule 22 of CPC is made absolute with no order as to costs. Execution to proceed. (R.Y.GANOO, J.)