( 1 ) 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 ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.941 OF 2002 APPEAL NO.941 OF 2002 APPEAL NO.941 OF 2002 IN IN IN NOTICE OF MOTION NO.109 OF 1995 NOTICE OF MOTION NO.109 OF 1995 NOTICE OF MOTION NO.109 OF 1995 IN IN IN SUIT NO.229 OF 1989 SUIT NO.229 OF 1989 SUIT NO.229 OF 1989 Nikira trading .. Appellants V/s Nirlon Synthetics Fibres & Chemicals Ltd. & Ors. .. Respondents Mr.Zubin Behram Kamdin i/by M/s.Amarchand & Manaldas for the Appellants. Mr.Naushad Engineer i/by Mr.M.D.Shah for Respondent No.1. CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & CORAM : DR.S.RADHAKRISHNAN, & ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. ANOOP V.MOHTA, JJ. DATE : 8th February, 2008. DATE : 8th February, 2008. DATE : 8th February, 2008. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the Appellant and the learned Counsel for Respondent No.1. This Appeal has been filed against the impugned order dated 24th September, 2002 whereby the learned Single Judge has disposed of the Notice of Motion No.109/1995 taken out by the present Appellant (Defendant No.2) for setting aside of the exparte decree passed by this Court on 12th February, 1993. 2. The learned Counsel for the parties have pointed out that against the aforesaid exparte decree dated 12th February, 1993 another Appeal being Appeal No.1136/2002 has already been filed, and the said Appeal has also been admitted and kept for final hearing. ( 2 ) 3. In view thereof, the present Appeal No.941/2002 has become infructuous. Hence, Appeal No.941/2002 stands dismissed. 4. However, we make it clear that the contentions raised by the Appellant in this Appeal No.941/2002 will also be considered while hearing the Appeal No.1136/2002. 2. In view of dismissal of Appeal No.941/2002 nothing further survives in the Notice of Motion No.2952 of 2002. Hence, Notice of Motion No.2952/2002 also stands dismissed. (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.) (ANOOP V.MOHTA, J.) (DR.S.RADHAKRISHNAN, J.)