1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3518 OF 2008 IN SUMMONS FOR JUDGMENT NO.334 OF 2005 IN SUMMARY SUIT NO.359 OF 2005. WITH NOTICE OF MOTION NO. 3519 OF 2008 IN SUMMONS FOR JUDGMENT NO.330 OF 2005 IN SUMMARY SUIT NO.120 OF 2005. Vinod Ratilal Shah : Plaintiff versus Dinesh Prataprai Mehta : Defendant. Applicant/Plaintiff present in person None for the Defendant though served. CORAM : R.M.SAVANT, J. DATED : OCTOBER 22, 2008 P.C. 1. By the above Notices of Motion the Applicant/Plaintiff seeks following reliefs :- 2 (a) That the Order dated 17/7/2008 granting unconditional leave to defend the suit to the defendant be dismissed. (b) That suit be decreed as per the particulars of the claim. 2. The said reliefs are sought on the ground that there is non- compliance to the order dated 17/7/2008 passed by the S.J.Vazifdar,J by which order unconditional leave was granted to the Defendant and the Defendant was permitted to file his written statement within four weeks from the said date. 3. It is the case of the Applicant/Plaintiff that since the Defendant has not filed his written statement in both the above suits, the prayer clause (b) granted. 4. In so far as prayer clause (a) is concerned, the same is misconceived as this Court does not sit in Appeal over an order passed by a learned Single Judge of this Court. In so far as prayer clause (b) is concerned, the Office is directed to place the above suits 3 for exparte decree after being satisfied that no written statement has been filed by the Defendant. Both the Notices of Motion are accordingly disposed of. [R.M.SAVANT, J]