vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3020 OF 2008 NOTICE OF MOTION NO.3020 OF 2008 NOTICE OF MOTION NO.3020 OF 2008 IN SUMMARY SUIT NO.1946 OF 2005 SUMMARY SUIT NO.1946 OF 2005 SUMMARY SUIT NO.1946 OF 2005 K.S. Unnikrishnan ... Plaintiff V/s. R.J Mordecai ... Defendant Mr.E.K. Sasidharan for Plaintiff None for Defendant CORAM: S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. S.J. KATHAWALLA, J. DATED: FEBRUARY 2, 2009 FEBRUARY 2, 2009 FEBRUARY 2, 2009 P.C.: P.C.: P.C.: . This Notice of Motion is taken out by the defendants for setting aside the ex-parte decree passed in the above Summary Suit by this Court (coram: D.K.Deshmukh,J.) on 27.2.2007. The said decree was passed because the defendants had failed to comply with the condition set out in the order passed in the Summons for Judgement on 20.3.2006. After the said decree was passed, the plaintiffs have taken steps to execute the decree. The defendants therefore took out this Motion for setting aside the decree passed under order dated 27.2.2007 and for stay of the execution proceedings. 2. In the Notice of Motion, this Court by its order dated 23.9.2008 had again passed a conditional order as : 2 : follows: "Subject to the Defendant depositing in this Court a sum of Rs.2,10,000/- on or before 15th November, 2008, no further steps in execution shall be taken. 2. Notice of Motion is made returnable in normal course." 3. The Plaintiffs have informed the Court that the defendants have failed and neglected to deposit the said sum of Rs.2,10,000/- on or before 15.11.2008 as more particularly set out in paragraph 4 of the additional affidavit dated 21.1.2009. 4. In view thereof, the Notice of Motion taken out by the defendants stands dismissed. (S.J. KATHAWALLA, J.)