IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.849 OF 2007 IN SUIT NO.3106 OF 2006 M/s.Bhuruk Gases Ltd. .. Plaintiff V/s M/s.Mukund Limited .. Defendant Mr.Ajay Panicker for the Plaintiff. Mr.Sumit Raghani for the Defendant. CORAM : R.G.KETKAR, J. DATE : 28th August, 2009. P.C.: 1. This notice of motion is taken out by the plaintiff seeking exparte decree against the defendant on account of failure of the defendant to file written statement on or before the returnable date of February 19, 2007. The prayer for passing decree is made under Order VIII Rule 10 of the Code of Civil Procedure, 1908. Learned counsel for the defendant submits that the notice of motion has become infructuous, as in the meantime on August 29, 2008 the defendant has filed written statement as well as the counter-claim. Considering this position, in my view the notice of motion has become infructuous by passage of time. Notice of motion is dismissed as infructuous, with no order as to costs. (R.G.KETKAR, J.)