1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION NOTICE NOTICE NOTICE OF OF OF MOTION NO.4198 OF 2007 MOTION NO.4198 OF 2007 MOTION NO.4198 OF 2007 inin in SUMMARY SUMMARY SUMMARY SUIT SUIT SUIT NO. 1913 OF 2005 NO. 1913 OF 2005 NO. 1913 OF 2005 Dinesh Dinesh Dinesh Shishmal Parmar Shishmal Parmar Shishmal Parmar ...... Plaintiff Plaintiff Plaintiff vs vs vs Anil Anil Anil Kumar Parmanya Kumar Parmanya Kumar Parmanya ...... Defendant Defendant Defendant Mr.Ramesh Mr.Ramesh Mr.Ramesh Jain for Plaintiff Jain for Plaintiff Jain for Plaintiff Mr.Vijay Mr.Vijay Mr.Vijay Gharat Gharat Gharat for Defendant for Defendant for Defendant CORAM CORAM CORAM : : : S.J.Vazifdar, J S.J.Vazifdar, J S.J.Vazifdar, J DATED DATED DATED : : : 28th February, 2008 28th February, 2008 28th February, 2008 P.C. P.C. P.C. 1.1.1. The Notice of Motion is taken out by the The Notice of Motion is taken out by the The Notice of Motion is taken out by the defendant defendant defendant for setting aside the exparte decree for setting aside the exparte decree for setting aside the exparte decree dated dated dated 14th December, 2005. The explanation for 14th December, 2005. The explanation for 14th December, 2005. The explanation for having having having remained absent is not at all convincing. remained absent is not at all convincing. remained absent is not at all convincing. The The The defendant had not even filed his appearance. defendant had not even filed his appearance. defendant had not even filed his appearance. The The The exparte decree was passed on 14th December, exparte decree was passed on 14th December, exparte decree was passed on 14th December, 2005. 2005. 2005. It is only after attachment was levied that It is only after attachment was levied that It is only after attachment was levied that the the the present Notice of Motion has been taken out. present Notice of Motion has been taken out. present Notice of Motion has been taken out. 2.2.2. In the circumstances, Notice of Motion is In the circumstances, Notice of Motion is In the circumstances, Notice of Motion is dismissed. dismissed. dismissed. 2