:1: 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. 3532 OF 2008 OF MOTION NO. 3532 OF 2008 OF MOTION NO. 3532 OF 2008 IN IN IN SUIT SUIT SUIT NO. 1114 OF 1997 NO. 1114 OF 1997 NO. 1114 OF 1997 M/s. Seka Impex Pvt. Ltd. ...Plaintiffs. V/s. M/s. S.N. Chaphekar & Co. ... Defendants. Mr. S.K. Jain for the Plaintiffs. Mr. G.N. Pandit for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 24TH 24TH 24TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . This is a Notice of Motion by the Original Defendants for setting aside the ex-parte decree dated 18th October 2004 in the above civil suit. 2. The motion has been moved on 11th September 2008 and it is contended that the Defendants have not received the suit summons. On merits also the Plaintiffs have misled this Court and instead of the Plaintiffs being entitled to recover any sums it is the Defendants who are entitled to recover from the Plaintiffs a sum of Rs.2,55,586/-. 3. In reply, the Plaintiffs have contended that it is only when execution proceedings were initiated and the Chamber Summons moved in execution was served that the :2: Plaintiffs received a copy of the Notice of Motion to set aside the decree. 4. I have heard Mr. Pandit appearing for the Defendants in support of the Notice of Motion and Mr. Jain appearing for the Plaintiffs/Decree Holders. I have perused the affidavit in support and reply. Having perused this material and considering that the suit claim is a money claim so also not depriving the Defendants of an opportunity to defend the same, interest of justice would be sub-served if the Defendants are directed to deposit a sum of Rs.2,00,000/- in this Court within a period of 12 weeks from today as a pre-condition to set aside the decree. If this sum is deposited within the time stipulated by this Court, then, the decree passed on 18th October 2004 to be set aside and thereafter, the Defendants would be at liberty to file the Written Statement within a period of eight weeks from the date of deposit. If there is a default in depositing this sum, the decree stands and thereafter, the Plaintiffs can recover the decretal claim in accordance with law. The Notice of Motion is disposed off. Needless to state that if the amount is deposited, the Prothonotary and Senior Master to invest the same in fixed deposit in a Nationalised Bank initially for a period of 36 months. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)