IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Appeal No. 111 of 2005 in Notice of Motion No.2644 of 2004 in Suit No. 2607 of 1996 Datamatics Limited ..Appellants vs. 1. Mr.Sunil Coutinho & anr. ..Respondents Mr.Cyrus Ardeshir i/b Mrs.Chhaya Shah for appellants Mr.Rajesh Kachare with Mr.Y.A.Chaudhary for respondent no.2. CORAM: A.P.SHAH & CORAM: A.P.SHAH & CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. S.J.VAZIFDAR JJ. S.J.VAZIFDAR JJ. 24th February,2005 24th February,2005 24th February,2005 P.C. P.C. P.C. 1. Heard Advocates. 2. In the facts and circumstances of the case, the learned single Judge was right in setting aside the exparte order. No interference is called for. Appeal is dismissed. 3. Respondent no.2 waives service of the writ of summons and undertakes to file written statement within 8 weeks from today.