kbp 1 3898-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3898 OF 2009 IN SUMMARY SUIT NO.1776 OF 2003 Gobindram Harumal Ahuja ..Plaintiff Vs. Shri Ratan Irani and ors. ..Defendants ......... Mr.M.Arshad Haindaday, for plaintiff. Mr.Prosper D’souza, for defendant no.1. Mr.Dinesh Shah i/b.M/s.Lilani Shah and co., for defendant no.3. ......... CORAM : A.S.OKA, J. DATE : 14 th December, 2009. P.C. : 1] Heard learned counsel for the first defendant in support of the Notice of Motion. I have heard the learned counsel for the plaintiff who has opposed the Notice of Motion. 2] The prayer in this Notice of Motion taken out by the first defendant is for setting aside the order dated 12 th February, 2009 passed by this court. The said order records that though the written statement was filed by the first defendant, the same was under objection. Therefore, this court directed that the suit should be placed for ex-parte decree against the first and second defendants. kbp 2 3898-09.sxw 3] In view of the assertions made in the affidavit in support, the Notice of Motion deserves to be made absolute. Learned counsel for the first defendant states that all objections in the written statement dated 21 st October, 2008 have been removed. Hence, the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). It is made clear that the order dated 12 th February, 2009 shall continue to operate as against the second defendant. The suit be set down on board on 4 th February, 2010 for settlement of issues. ( A.S.OKA, J. )