1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL SIDE APPEAL NO.634 OF 2004 IN NOTICE OF MOTION NO.117 OF 2004 IN NOTICE NO.N/386 OF 2003 Kamal Shytamsunder Ruia Appellant vs. SICOM LIMITED Respondents Mr.V.L.Desai for the appellant. Mr.Kishore Jain i/b. Mr.G.R. Mehta for the respondents. CORAM : R. M. LODHA & J.P. DEVADHAR,JJ. DATED : 11th October 2004 P.C. Heard Mr.V.L.Desai, the learned counsel for the appellant. 2. Admittedly the exparte decree dated 18th December 2002 against the present appellant holds the field as on date. Merely because the application for setting aside the exparte decree is pending, it cannot be said that a case for discharge of notice was made out. 3. Appeal, thus, does not deserves to be admitted. 4. Dismissed in limine. However, we observe that in 2 the event of appellant’s application for setting aside the exparte decree being granted, the appellant shall be at liberty to take out a fresh notice of motion for discharge of notice. (R.M. (R.M. (R.M. LODHA,J.) LODHA,J.) LODHA,J.) (J.P. (J.P. (J.P. DEVADHAR,J.) DEVADHAR,J.) DEVADHAR,J.)