: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4684 OF 2007 IN SUMMARY SUIT NO.2854 OF 2003 Chaudhary Abdul Majid Shahadat ....Plaintiff V/s. M/s.Shree Metal Works & Ors. ....Defendants Mr.Jayesh Bhatt for the Plaintiff. Mr.S. Peerjade i/b Mr.Vinod Shah for the Defendants. CORAM : S.J. VAZIFDAR, J. DATED : 3RD MARCH, 2008. P.C. : 1. The ex-parte decree was passed on 19.1.2005. The present Notice of Motion for setting aside the ex-parte decree was filed on 6.12.2007 after delay of almost three years. 2. The only explanation for delay is that the advocate did not notice the matter on the board. 3. Apart from the fact that there is not a whisper to this effect even in any correspondence between the Defendant and the Plaintiff there is no : 2 : averment as to what the Plaintiff did during these three years. The present Notice of Motion was taken out only after the execution proceedings commenced. 4. In the circumstances, the Notice of Motion is dismissed.