1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.4652 OF 2007 IN SUIT NO.2004 OF 1984 Globe Calendar Company ..Plaintiff. Vs. M/s. Khandelwal Tube Industries ..Defendant. .... Mr. V.R. Walavalkar i/b B. Amin & Co. for the Plaintiff. Mr. S.R. Saudagar for the Defendant. .... CORAM: DR. D.Y. CHANDRACHUD, J. 7th March, 2008. P.C. : The Notice of Motion has been taken out for setting aside an ex parte decree which was passed on 17th October, 2003 in Suit 2004 of 1984. The order of this Court dated 17th October, 2003 records that no written statement was filed on behalf of the Defendants. From a perusal of the record it would appear that the attention of the Court was not drawn to the fact that as a matter of fact a written statement was filed on 1st July, 1985. A copy of the written statement together with the filing stamp is on the record of the suit. In addition, the written statement bears a covering precipe dated 27th June, 1985 of the advocate of the Defendant and the 2 consent recorded by the advocate for the Plaintiff for taking the written statement on the record. This aspect has through inadvertence not been taken note of. At the hearing of the Notice of Motion, counsel appearing for the Defendant has stated before the Court that in order to establish the bonafides of the Defendant, the Defendant shall deposit an amount of Rs.75,000/- within a period of six weeks from today. In view of the aforesaid statement and conditional on the aforesaid deposit being made within six weeks from today, the Notice of Motion shall stand absolute in terms of prayer clauses (a) and (b). *****