IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 1327 OF 2005 OF MOTION NO. 1327 OF 2005 OF MOTION NO. 1327 OF 2005 IN IN IN SUIT SUIT SUIT NO. 774 OF 2003 NO. 774 OF 2003 NO. 774 OF 2003 Smt. Kirti Vaswani. ] .. Plaintiff Versus Fairjet Twitstx Pvt. Ltd. ] .. Defendant Mr.S.L. Kanuga i/b Sapnath Nath for the plaintiff. None for the defendant. CORAM: ANOOP V. MOHTA, J. DATED: 18TH MARCH, 2006 P.C. : . This Notice of Motion has been taken out by the plaintiff praying to pass a decree in view of the fact that the defendant failed to file Written Statement. The plaintiff has invoked the provisions of Order VIII Rule 10, Civil Procedure Code for the same. The undisputed position itself is sufficient for the appropriate Bench to pass appropriate order or decree in view of the fact that the defendant failed to file Written Statement for more than ten months even though so directed by order dated 18th June, 2004. However, this relief cannot be granted by way of Notice of : 2 : Motion. The appropriate Court will pass appropriate orders when matter is listed for final hearing of the suit. 2. Notice of Motion accordingly disposed of. Sd/- [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]