1. By this notice of motion, the defendant seeks condonation of delay of 164 days in taking out notice of motion and also seek that ex-parte decree dated 15th September, 2010 passed by this Court be set aside.

2. The plaintiffs have filed the Summary Suit No. 874 of 2010 arising out of Invoices issued by the plaintiffs for organizing and conducting an event by the name of “Gitanjali Lifestyle Luxury Fest 2007” at the “Turf Club”, Mahalaxmi, Mumbai between 22nd December, 2007 to 25th December, 2007. According to the plaintiffs, the defendants were liable to pay sum of Rs.10,78,053/- after adjustment of all part payments made by the plaintiffs including sum of Rs. 4,48,550/-.

3. It is the case of the plaintiffs that though Writ of Summons was served upon the defendants, no Vakalatnama was filed by the defendants.

4. The plaintiffs tendered affidavit of the Bailiff of Sheriff of Bombay affirmed on 9th June, 2010. This Court after considering the affidavit of Bailiff, passed an ex-parte decree on 15th September, 2010. It was observed that Summary Suit is maintainable under Order XXXVII of the Code of Civil Procedure, 1908 (the CPC for short) and there was no denial of liabili