1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 141 OF 2010 IN SUMMARY SUIT NO. 1645 OF 2005 Dr. Batras Positive Health Clinic Ltd. .. Plaintiff Vs. Dr. Rashmi Jain .. Defendant Ms. Deepa Kamath i/b Jayshree Agarwal for the Plaintiff. Mr. Kranti L. C. for the Defendant. CORAM : MRS. R. S. DALVI, J. DATE : 31st March, 2010. P.C. 1. An exparte decree has been passed on 05.09.2006. Writ of Summons was refused. It is the defendant’s contention that she lived at another address when the Writ of Summons was sought to be served. The defendant is required to be heard on merits. The Notice of Motion is made absolute in terms of prayer Clause (a), (b) & (c). Delay of 175 days taken out in Notice of Motion is condoned. However the defendant shall pay costs Rs. 3,000/- to the plaintiff before the defence of the defendant can be considered in the suit. 2. Summons for Judgment taken out by the plaintiff is also restored to file. The defendant shall be entitled to file reply, if any, to the Summons for Judgment upon payment of costs within two weeks from today. The 2 reply shall be filed within four weeks from today. The Summons for Judgment shall be kept on board of 9th June, 2010. (R. S. DALVI, J.)