IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3235 OF 2002 IN SUIT NO. 3650 OF 1996 Lt.Commander Arun Ranganathan .. Plaintiff versus Raj Travels & Tourism .. Defendant ... None for the plaintiff. Mr.S.R. Mishra for the defendant. CORAM : D.G. KARNIK,J. DATED : 10th February 2005. P.C.: 1. In view of the fact that there is no proper pleadings regarding special circumstances for setting aside of the ex-parte decree as is required under Order 37 Rule 4 of the Code of Civil Procedure, the learned counsel for the plaintiff seeks leave to withdraw the motion with liberty to apply afresh subject to the law of limitation and subject to availability of such remedy. 2. Leave granted subject to the condition as above. Motion disposed of as withdrawn. D.G. KARNIK, J