1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION NO.4670 OF 2007 IN SUIT NO.258 OF 1996 WITH CHAMBER SUMMONS NO.2068 OF 2007 Jean Nusly Duggan ..Plaintiff. Vs. Pheroze Homi Duggan and others ..Defendants. .... Mr. Ruchir Tolat i/b Narayanan & Narayanan for the Plaintiff. Mr. P.N. Ganwani with Mr. A.B. Narvekar i/b Soloman & Co. for Defendant No.1. Mr. Brajesh Ranjan i/b Paras Kuhad & Associates for Defendant No.3. Ms. Khan i/b Mulla & Mulla for Defendant No.10. Mr. P.S. Colabawala i/b Madekar & Co. for Defendant No.11. .... CORAM: DR. D.Y. CHANDRACHUD, J. 14th February, 2008. P.C. : In a suit for administration of the estate of the deceased a Notice of Motion has been taken out by Defendant No.11 and a Chamber Summons by Defendant No.1 for condoning the delay in filing the written statement and for taking the written statement on the record. Having regard to the nature of the suit, I am of the view that while there has been a significant amount of delay, the 2 concerned Defendants should not be deprived of an opportunity to contest the suit on merits. Fairly, the request for taking the written statement on the record has not been opposed, but it has been submitted that an order of costs should be passed. In the circumstances, conditional on the First and Eleventh Defendants respectively each paying costs of Rs.7,500/-, the delay in filing the written statement is condoned and leave is granted to file the written statement. The payment of costs shall be a condition precedent and will be effected within a period of two weeks from today. The Motion and the Chamber Summons are disposed of.