( 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 NOTICE OF MOTION NO.1622 OF 2007 NOTICE OF MOTION NO.1622 OF 2007 NOTICE OF MOTION NO.1622 OF 2007 IN IN IN SUIT NO.2865 OF 1994 SUIT NO.2865 OF 1994 SUIT NO.2865 OF 1994 Bhavesh Garodia .. Plaintiff V/s Aviation Travels Pvt.Ltd. & Ors. .. Defendants Mr.S.Purohit i/by M/s.Pandya Gandhi & Co.for Plaintiff. Ms.Lakshmi Murali for Defendant No.1A. Mr.Ramesh Rao, Partner of Defendant No.1A present. CORAM : CORAM : CORAM : S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. S.J.KATHAWALLA, J. DATE : 2ND MARCH, 2009. DATE : 2ND MARCH, 2009. DATE : 2ND MARCH, 2009. P.C. P.C. P.C. 1. This Notice of Motion is taken out by Defendant No.1A for setting aside an exparte judgment and order dated 7.10.2003 passed by this court, and for allowing the Defendants to file their written statement to defend the suit. The Notice of Motion is taken out by Defendant No.1A approximately after four years from the date of the said exparte judgment and decree. 2. This Notice of Motion had appeared on 22.10.2008 before this Court (R.M.Sawant, J.) when none appeared for Defendant No.1A, and the Notice of Motion was therefore adjourned to 4.12.2008 with a direction that the Advocate for Defendant No.1A should serve the copy of the Notice of Motion on the Plaintiff who were not even served untill 22.10.2008. The Notice of Motion thereafter appeared before this Court on 14.1.2009 when Mr.K.Ramesh, representative of Defendant No.1A appeared and took time. The Notice of Motion was therefore ( 2 ) adjourned to 21.1.2009. On 21.1.2009 the learned Counsel for Defendant No.1A sought time as a last chance and the Notice of Motion was adjourned to 28.1.2009. On 28.1.2009 the Notice of Motion was adjourned to 29.1.2009. Thereafter on 3.2.2009 the learned Advocate for Defendant No.1A sought discharge on the ground that they were not receiving any instructions from Defendant No.1A. This Court had directed the Advocate for Defendant No.1A to give notice to Defendant No.1A recording that the Advocates would be taking discharge on the adjourned date of hearing and that the Defendants should remain present before the Court, on the adjourned date i.e.on 11.2.2004. 3. Today, when the matter is called out, the learned Advocate for Defendant No.1A has produced her letter dated 5.2.2009 written to Defendant No.1A recording therein, that despite repeated reminders, Defendant No.1A is not coming forward to give instructions to his Advocate. In the said letter it is clarified that the Advocates for Defendant No.1A are not in a position to appear for Defendant No.1A and that they will be withdrawing their appearance on 11th February, 2009 when the matter will be appearing before this Court. The matter did not reach on 11th February, 2009 and has reached today i.e. on 2nd March, 2009. The learned Advocate for Defendant No.1A seeks discharge in the matter. Hence, the Advocate for Defendant No.1A is ( 3 ) discharged from acting in the Notice of Motion for Defendant No.1A. 4. Today, the partner of Defendant No.1A appears in person and is seeking time. He is unable to explain as to why no instructions were given to his Advocates to proceed with the Notice of Motion though the matter has been repeatedly adjourned by this Court since 22.10.2008. He is also unable to explain why no alternative arrangements are made untill 2nd March, 2009 despite being put to notice by his Advocates on 5th February, 2007 that they would apply for discharge before this Court on 11th February, 2009. 5. In view thereof, it is clear that Defendant No.1A is not interested in pursuing the Notice of Motion and is repeatedly taking adjournments in the matter, and is only wasting the time of this Court. This Court is therefore constrained to dismiss the Notice of Motion for non prosecution. 6. Notice of Motion is therefore dismissed for non-prosecution. 7. Defendant No.1A to pay costs of this Notice of Motion to the Plaintiff. ( 4 ) (S.J.KATHAWALLA, J.) (S.J.KATHAWALLA, J.) (S.J.KATHAWALLA, J.)