IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4345 OF 2008 IN SUIT NO.3014 OF 2005 Meghal Homes Pvt.Ltd. & Anr. ... Plaintiffs.

Vs.

Ranganath B. Somani & Ors. ... Defendants.

Mr. Shaikh Yusuf Ali i/b. Mohamedbhai & Co. for the plaintiffs.

Ms. Sonali S.Jain i/b. Dave & Co. for defendant No.1. Mr. Rizvi Naserali i/b. Thakore Jariwala & Associates for defendant No.1.

CORAM : A.A. Sayed, J.

DATE : February 25, 2009.

P.C.

1. This notice of motion has been taken out by the defendant No.1 to set aside order dated 12th February, 2008 passed by the learned Prothonotary and Senior Master setting the matter for ex parte hearing and to condone the delay and take the written statement on file. By that order, since no written statement was filed, the suit was transferred to the list of undefended suits.

2. The plaintiffs have filed suit against the defendants for specific performance of the MOU, dated 11th October,1994 between the plaintiffs and the defendant Nos. 1 to 3, which is kept in escrow with defendant No.4 and for damages in addition to and/or in lieu of the specific performance of the MOU and for other reliefs.

3. By virtue of the said notice