IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.1575 OF 2003 OF MOTION NO.1575 OF 2003 OF MOTION NO.1575 OF 2003 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO.4896 OF 2003 SUIT NO.4896 OF 2003 SUIT NO.4896 OF 2003 M/s. Jethmal Manrupji & Co. ...Plaintiff Vs. Smt. Ramaben T. Bhatia ...Defendant ----- Mr.Ramesh Jain for Plaintiff Mr.A.K.Chauhan for Defendant CORAM: CORAM: CORAM: D.G. DESHPANDE,J. D.G. DESHPANDE,J. D.G. DESHPANDE,J. DATED: DATED: DATED: 25TH NOVEMBER, 2004 25TH NOVEMBER, 2004 25TH NOVEMBER, 2004 P.C. P.C. P.C. . Heard Advocate for the Defendant who has taken out this Motion for setting aside the Ex-parte Decree in a suit filed the Plaintiff for recovery of the principle amount of Rs.60,000/- with interest thereof. The suit is based on a promissory note. Copy of the promissory note is filed with the plaint at Exhibit-A. The Defendant disputes and denies the signature on the promissory note. The Power of Attorney executed by the Defendant in favour of her husband was shown to me, the signature of the Defendant thereon is in English, where as the signature on the Promissory Note is in Gujarati. Before filing the suit the Plaintiff has sent notice to the Defendant by R.P.A.D.and Defendant has received the said notice and on the postal acknowledgment also her signature is in English. Therefore, the Defendant succeeds in making out primafaice case that this document Exhibit-A might not have signed by her. In these circumstances Ex-Parte Decree is set aside. The motion is allowed and disposed of subject to cost of Rs.2500/- to the Plaintiff. Cost to be paid within two weeks from today. ******