1 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1090 OF 2005 NOTICE OF MOTION NO.1090 OF 2005 NOTICE OF MOTION NO.1090 OF 2005 IN SUMMARY SUIT NO.3209 OF 2003 Ravison Stores Pvt. Ltd ... Plaintiffs V/s. Prabhudas Hirji & Co. & Ors. ... Defendants Ms.Laxmi i/b Rekha Shukla for the Plaintiffs Mr.A.M. Saraogi for the Defendants CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. DATED : AUGUST 8, 2006 DATED : AUGUST 8, 2006 DATED : AUGUST 8, 2006 P.C.: P.C.: P.C.: . The Defendants have taken out the present Motion for setting aside the order dated 7.2.2005 and restoring the Summons for Judgment taken out by the Plaintiffs to file. The suit is filed for an amount of Rs.1,16,500/-, Rs.1,00,000/- being the principal amount. The Defendants have contended that their earlier advocates who were engaged by them, could not attend the matter and therefore, the present advocates were appointed. A decree was obtained against the defendants and insolvency proceedings are also pending. 2. In my view, the defendants have not made out a case for setting aside the order passed on 7.2.2005 ex-parte. However, with a view to ensure that any 2 injustice is done on account of the change of advocates, the ex-parte decree is set aside on condition that the defendants deposit in Court the principal amount claimed in the suit within four weeks from today. In the event the amount is not deposited within the stipulated time, the decree may be executed. 3. Motion is disposed off accordingly.