1. The application is under Order IX Rule 13 of the Code of Civil Procedure, 1908 (“CPC”) to recall an ex parte decree that I passed on 7th March 2014. After I passed the decree, Defendants Nos. 2 to 4 filed this Notice of Motion, on which an order was passed on 8th May 2015 (Mrs. RS Dalvi J) staying further execution; and then on 21st December 2016, the ex parte decree was recalled (KR Shriram J) on the basis that the Writ of Summons was not properly served. The packet were said to be have been returned with the remark “unclaimed”.

2. The order of KR Shriram J was carried in appeal and the Division Bench (RM Sawant & SV Kotwal JJ) on 10th November 2017 observed that the question of delay had not been considered while recalling the order. The Notice of Motion under Order IX Rule 13 was, therefore, restored to file and remanded for hearing afresh.

3. Today I have before me, therefore, a Notice of Motion to recall the ex parte decree that I passed and there is a delay of 150 days, which Mr. Tamboly for the Plaintiff says is wholly unexplained, in filing the Notice of Motion.

4. I believe I must allow this Notice of Motion and I must allow it immediately, condoning the delay in