1 app584.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 584 OF 2011 IN NOTICE OF MOTION NO. 1540 OF 2007 IN SUMMARY SUIT NO. 1794 OF 2002 WITH NOTICE OF MOTION NO. 2934 OF 2011 IN APPEAL NO. 584 OF 2011 IN NOTICE OF MOTION NO.1540 OF 2007 IN SUMMARY SUIT NO. 1794 OF 2002 Ashish Thakur ....Appellant. Vs. S.L.N. Co. & Anr. ...Respondents. Mr. Arib Bookwala, Sr. Advocate a/w Mr. Ashish Kamat i/by M/s. Ranjit & Co. for the Appellant. Mr. Zal Andhyarujina a/w Mr. Nilesh Modi a/w Ms. Chhya Asher i/by M/s. Rustamji & Jinwala for the Respondents. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 11 OCTOBER, 2011. P.C. :- Admit. 2 Heard finally by consent of the parties. 2 app584.11.sxw ssm 3 By consent, the Appeal is disposed of in the following terms:- (a) Ex-parte decree dated 27 November 2002 passed in Summary Suit No. 1794 of 2002 is set aside. (b) The Defendants shall be deemed to have been served with writ of summons. Plaintiff shall be at liberty to take out Summons for Judgment and serve it on the Defendants. (c) The learned Single Judge before whom the Summons for Judgment is listed shall hear and dispose of the Summons for Judgment in accordance with law on the basis of the material produced before the learned Single Judge without being influenced by anything stated in the order which is impugned in the Appeal. The order impugned in the Appeal dated 25 April 2011 is set aside. 4 Notice of Motion No. 2934 of 2011 is also disposed of. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)