1 901.nms-2044-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2044 OF 2010 IN SUIT NO. 2514 OF 2003. The Board of Trustees of the Port of Mumbai. ..Plaintiffs. vs. M/s. Powerol Panels & Controls & Ors. ..Defendants. .... Mr. U.J. Makhija, a/w. Mr. R. Pinto, i/b. Mulla & Mulla, for Plaintiffs. Mr. U.B. Kanoria, for Defendants. Mr. Anil J. Shah, Defendant No. 2, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 17TH NOVEMBER 2011. P.C. : Heard the learned Advocates appearing for the parties. 2. The Defendant No. 2 who is present in Court undertakes on behalf of self and Defendant Nos. 1 and 3 that an amount of Rs. 3 lacs shall be deposited with the Prothonotary and Senior Master of this Court on or before 12th January 2012. The undertaking is accepted. 3. In view of the above undertaking, the decree passed by this Court dated 12th November 2009 is set aside. 4. In the event of the Defendants making a default in depositing the said amount of Rs. 3 lacs as undertaken, the ex-parte decree shall 2 901.nms-2044-10 automatically revive without reference to this Court and the Plaintiffs shall be entitled to execute the said decree. 5. If the Defendants deposit the said amount of Rs. 3 lacs as undertaken, the Suit will appear on board on 13th January 2012 for directions. On that day, the Defendants shall also file their Written Statement/s in the matter. The Notice of Motion is accordingly disposed of. [ S.J. KATHAWALLA, J. ]