: 1 : nms-2876-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2876 OF 2010 IN SUIT NO. 1038 OF 1985 National Film Development Corporation Ltd. .. Plaintiffs v/s. M/s. Hollywood Creative Films & Anr. .. Defendants ......... Ms. Meeta Dagali i/b Mulla & Mulla for the plaintiffs Ms. Kavita Lalwani for the defendants ......... CORAM : R.Y.GANOO, J. DATE : 1st DECEMBER, 2010 P.C. : 1. Heard learned Counsel on both sides. This motion is taken up by the defendants for setting aside Ex-parte Decree dated 11th August, 2009. It is noticed that secondary evidence was permitted in regard to certain documents, the original of which were not available with the plaintiffs. Learned Counsel for the defendants states that defendant no.2 was not in India when various documents on which reliance is placed came to be executed. If this is the defence put up by the defendants, the burden is on the defendants to discharge the same which is in my view is heavy burden. Now that the plaintiffs have been granted decree in terms of money, it would be proper to direct the defendants to deposit in this regard a sum of Rs.1,60,000/- being the : 2 : nms-2876-10=.sxw principal amount as a part of condition for setting aside the Ex-parte Decree dated 11th August, 2009. Hence, following order is passed to dispose of the motion. ORDER (i) Upon defendants depositing in this Court a sum of Rs.1,60,000/- on or before 24th January 2011, Ex-parte Decree dated 11th August, 2009 shall stand set aside. (ii) If the said amount is not deposited on or before 24th January, 2011, decree shall stand against the defendants w.e.f. 25th January, 2011. That means from today till 24th January, 2011 plaintiffs are restrained from executing the decree dated 11th August, 2009. If the amount is not deposited on or before 24th January, 2011, then from 25th January, 2011 the decree can be executed. There shall be no order as to costs. If the amount is so deposited, Suit to come up in usual course for hearing and disposal. Office to invest the amount in a fixed deposit in a nationalised bank initially for a period of 2 years and to renew the same for like period till further orders from the Court. (iii) Notice of motion is disposed of in the above terms. (R.Y.GANOO, J.)