A notice of motion filed by the defendant to set aside an ex-parte decree, filed after a significant delay of three years and fifty-seven days. The defendant's advocate appeared without prior notice to the court or preparation. The court dismissed the notice.
Notice of motion to set aside the ex-parte decree dismissed.
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903.nms.218.15 ss.1937.2011.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 218 OF 2015 IN
SUMMARY SUIT NO. 1937 OF 2011
Deval Bavishi .. Applicant (Org. Deft.)
In the matter between :
Anthony Pereira .. Plaintiff Vs. Deval Bavishi .. Defendant
Mr.S. Shamim i/b Shamim & Co. for plaintiff. Mr.Ashok Purohit i/b Mr.A.M. Bhatia for defendant/applicant.
CORAM : K.R.SHRIRAM, J. DATE : 21ST JULY, 2015
P.C.
1 This notice of motion is taken out on behalf of the defendant to set aside an ex-parte decree passed on 29.11.2011 after a delay of 3 years 57 days. When the matter was called out in the morning session, nobody appeared for the defendant. The matter was, therefore, kept back. In the post lunch, when the matter is called out, one Mr. Ashok Purohit, Advocate states that he is holding for the advocate on record for the defendant but he has no idea about the matter.
(K.R. SHRIRAM, J.)
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Shraddha Talekar PA
1 issue framed by the court
Whether a notice of motion to set aside an ex-parte decree passed after a delay of over three years should be allowed when the defendant was absent and his counsel was unprepared.
Krishna Kant Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
