1 38.nms-589-07 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 589 OF 2007 IN SUMMONS FOR JUDGMENT NO. 378 OF 2006 IN SUMMARY SUIT NO. 3514 OF 2005. The Jammu and Kashmir Bank Limited. ..Plaintiffs. vs. Mr. Vijay Thakkar & Anr. ..Defendants. .... Mr. Das, i/b. Goenka Law & Assoc., for Plaintiffs. None for Defendants. .... CORAM : S.J. KATHAWALLA, J. DATE : 12TH SEPTEMBER 2011. P.C. : By this Notice of Motion, the Plaintiffs seeks setting aside of the ex-parte order dated 19th December 2006 passed in Summons for Judgment No. 378 of 2006 in the above Summary Suit granting unconditional leave to the Defendants. None appear for the Defendants though served. 2. I have perused the order dated 19th December 2006. On that day, none appeared before the learned Single Judge when the Summons for Judgment was taken up for hearing. In view thereof, unconditional leave was granted to the Defendants to defend the Suit and the Defendants were granted liberty to file Written Statement within eight weeks from the date of the order. The Defendants have not filed Written Statement till date. In view thereof, the Plaintiff 2 38.nms-589-07 can apply for ex-parte decree in the Suit. Therefore, no orders are passed in the Notice of Motion and the Notice of Motion is dismissed. 3. Place the Suit for ex-parte decree on 26th September 2011. [ S.J. KATHAWALLA, J. ]