-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.9443 of 2007 Javed Mushir Peshimam ..Petitioner vs. 1.Saifuddin Mohammed Ali Vohra and another ..Respondents Shri S.I.Memon for petitioner. Shri Bipin Joshi for respondents. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 14th January, 2008 14th January, 2008 14th January, 2008 P.C. P.C. P.C. 1. The petitioner before me challenges the order passed by the Trial Court, copy of which is annexed at Exh.L. The order is passed below Exh.21 i Reg.Civil Suit No.139 of 2003. The perusal of the order and more particularly para 3 thereof would indicate that the order under challenge has been passed without the petitioner/original defendant being heard. The Advocate for the petitioner/defendant has withdrawn his appearance. If that is so, the defendant ought to have been put to notice by the Trial Court and informed him that his Advocate has withdrawn the appearance. If the petitioner did not make any arrangement then, surely the Court could have proceeded exparte. -2- Passing an exparte order and directing the petitioner to deposit Rs.15,68,880/- is grossly unjust and unfair. The order under challenge is quashed and set aside. The said application is restored to file for being heard afresh and in accordance with law. Petition is disposed of accordingly. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)