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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.3382 OF 2006 OF MOTION NO.3382 OF 2006 OF MOTION NO.3382 OF 2006 IN SUIT SUIT SUIT NO.2534 OF 2005 NO.2534 OF 2005 NO.2534 OF 2005 IL & FS Education and Technology Services Ltd. ...Plaintiffs. Vs. Mr. Spento cooper ...Defendant. Ms. Smruti Kharade i/b. Anil Menon for the Plaintiffs. Mr. Saket More for the defendant i/b. Paras Kuhad & Associates. CORAM CORAM CORAM : A.A. Sayed, J. : A.A. Sayed, J. : A.A. Sayed, J. DATE DATE DATE : February 25, 2009. : February 25, 2009. : February 25, 2009. P.C. P.C. P.C. 1. This motion has been taken out by the plaintiffs to place the matter on board for ex parte decree under Order 8 Rule 5 of the CPC, since no written statement has been filed by the defendant. 2. The defendant is an employee of the Plaintiffs, who has availed of a car loan and according to the Plaintiffs, the defendant is in arrears of loan of Rs. 1,49,216/-. The prayer in the suit is for a decree to pay to the plaintiff in a sum of Rs. 1,66,409/- with interest @ 12 % on the principal sum of Rs. 1,49,216/-. No written statement has been filed by the defendant. Affidavit of service dated 29th October, 2005 has been filed. 3. The learned Counsel for the defendant who is appearing in the matter and whose Vakalatnama is under objection states that inspite of his efforts the defendant has not responded and he has no instructions from the defendant and that he will take necessary steps for seeking discharge in the matter. 4. Considering the fact that inspite of service, no written statement is filed, I am inclined to allow the motion. Hence, I pass the following order :- ORDER The notice of motion is made absolute in terms of prayer clause (a), which reads as under :- " (a) That the above matter be placed on board for Ex - Parte Decree under Order VIII, Rule 5 of the Code of Civil Procedure, 1908;" The notice of motion is disposed of. [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]