1 11.nms-3229-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3229 OF 2006 IN SUMMONS FOR JUDGMENT NO. 146 OF 2006 IN SUMMARY SUIT NO. 109 OF 2006. Hitesh U. Jain. ..Plaintiff. vs. Mukesh Dhirajlal Shah. ..Defendant. .... Mr. Ramesh Jain, for Plaintiff. Mr. Vilas N. Mali, for Defendant. .... CORAM : S.J. KATHAWALLA, J. DATE : 3RD MAY 2011. P.C. : This Notice of Motion is taken out by the Defendant for setting aside an ex-parte decree dated 31st July 2006 passed in the Summons for Judgment. The learned Advocate appearing for the Plaintiff has pointed out that he has taken out insolvency proceedings and the Plaintiff is already adjudged as insolvent on 18th December 2008. However the learned Advocate appearing for the Defendant states that a well-wisher of the Defendant is ready to deposit an amount of Rs.2,00,000/- with the Prothonotary and Senior Master of this Court on or before 28th June 2011. He submits on instructions that if the well-wisher fails to deposit the said amount the present Notice of Motion may stand dismissed. 2. In view thereof, the following order is passed :- (i) In the event of the well-wisher of the Defendant depositing an amount of Rs.2,00,000/- with the Prothonotary and 2 11.nms-3229-06 Senior Master of this Court on or before 28th June 2011 ex-parte decree dated 31st July 2006 shall stand set aside and the Summons for Judgment shall be heard afresh. (ii) In the event of the well-wisher not depositing the said amount of Rs.2,00,000/-, the Notice of Motion shall be treated as dismissed and the ex-parte decree dated 31st July 2006 shall continue to be in force. (iii) The Notice of Motion is accordingly disposed of. [ S.J. KATHAWALLA, J. ]