1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4208 OF 2006 IN SUIT NO. 2116 OF 2005 Prakash Liladhar Kotak ... Plaintiffs versus Mahesh Premji Thakkar .....Defendant Shri D.A. Barod for the Plaintiffs Shri G. S. Bhatt for the defendant. CORAM: A.P. DESHPANDE, J. DATED; 22ND APRIL, 2008. P.C.: 1. In this Summary Suit, summons for judgment no. 359/06 was listed for final hearing on 7-11-2006. The same came to be dismissed and unconditional leave came to be granted to the defendant to defend the suit. Under the orders, the suit has been transferred to Commercial Causes, and the written statement has been filed by the defendant is the statement made by the learned counsel. By the present Notice of Motion, a prayer for setting aside the order of dismissal of the motion in default is made. As the order passed by the learned Single Judge dated 7-11-2006 is already executed, this Notice of Motion need to be rejected. In the result, motion is dismissed. However in the facts of the present case, the hearing of the suit is expedited. (A.P. DESHPANDE J.) 2