1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1185 OF 2008 IN SUMMARY SUIT NO. 2044 OF 2002 Prem Govindram Manghani ...Plaintiff. Vs. Anil Shahni & Anr. ...Defendants. Mr. Sandeep Dadwal for the Plaintiff. Mr. P. Saratkar i/by M/s. S.S.P. Legal for the Defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 13TH JULY, 2009. P.C.- 1 This notice of motion is taken out by the Defendants to set aside the Judgment and order passed on 5th February, 2008 whereby this Court has decreed the suit on merit, as there was no affidavit in reply and there was no defence to the suit which was based on the bill of exchange. Defendant No.1 was a drawer and Defendant No.2 was acceptor. However, as the order was passed in absence of the Defendants and their advocate, in the interest of justice and to give one more opportunity, I am inclined to grant this Notice of Motion subject to costs of Rs.3,000/- (Rupees three thousand 2 only) to be paid to the Plaintiff within a period of one week. This is a condition precedent. 2 The matter be listed and be placed for hearing within a period of 4 weeks thereafter for final disposal. 3 Notice of motion is allowed accordingly. (ANOOP V. MOHTA, J.)