1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice No.636 of 2006 In Execution Application No.173 of 2006 In Barasat Suit No.86 of 1999 Tapan Roy & anr. .. .. Plaintiffs v/s. Bridge Federation of India & anr. .. Defendants Mr.Harish R. Pawar for Plaintiffs. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 21 st July, 2008 P.C. : 1. The decree obtained in the aforesaid Suit in West Bengal has been transferred to this Court for execution. This Notice has been taken out under the provisions of Order 21 Rule 22 of the Code of Civil Procedure. 2. In the meantime, an application for setting aside the ex-parte decree passed in the above Suit by the Court at Barasat came to be made. Since that application was delayed and the application for condonation of delay under Section 5 of the Limitation Act also came to be made. That application was numbered as Miscellaneous Case No.33 of 2007. That application has been dismissed by the Court at Barasat on 20 th December 2007. The Plaintiffs/decreeholders have 2 produced the original letter of their Advocates dated 1.1.2008 informing them of the order passed in Miscellaneous Case No.33 of 2007 dismissing the application for condonation of delay. The copy of the order sent by the Advocate has also been produced by the plaintiffs/decreeholders. It is seen that since the delay in taking out the application for setting aside the ex-parte decree is not condoned, the ex-parte decree has not been set aside and stands confirmed. Hence, the execution is required to proceed under the said decree. The time taken of more than 2 years since the passing of the decree, therefore, deserves to be condoned. The Notice is made absolute as prayed. Execution to proceed. [SMT.ROSHAN DALVI, J.]