IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2362 OF 2008 IN SUMMARY SUIT NO.2249 OF 2002 M/s.Agarwal International ....Plaintiff V/s. M/s.Emkey Exports & Anr. ....Defendants Mr.P.D. Jain i/b Mishra & Co. for the Plaintiff. Mr.S.H. Bhore for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 7TH AUGUST, 2008. P.C. : 1. This Notice of Motion is taken out to set-aside the ex-parte decree dated 10.3.2004. 2. Even assuming that there was some cause for not remaining present on the day when the decree was passed, the affidavit is entirely silent as to why this Notice of Motion has been taken out after almost four years. It is made clear however that the Defendants are always at liberty to challenge the decree in execution proceedings on the grounds available in such proceedings including as to nullity. 3. In the circumstances, the Notice of Motion is dismissed.