IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2969 OF 2009 IN SUMMARY SUIT No.4757 of 1998 Marketing India Pvt Ltd. ..PLAINTIFFS VS. ALLIED DIGITAL SERVICES PVT LTD. .. DEFENDANTS Mr. S.T.Manek for the Plaintiffs Mr. Zal Andhyarnjina with Mr. N.R.Modi and Mr. Y.Tikam i/b Rustomi & Ginwala for Defendants CORAM: DR. D.Y.CHANDRACHUD, J DATE : 1st SEPTEMBER, 2009 P.C. 1. In a Summary Suit under Order XXXVII of the Civil Procedure Code, leave to defend the suit was granted by the Learned Single Judge on 07th June 2000, to the Defendants, subject to deposit of an amount of Rs. 2,92,000/-. In Appeal, the Division Bench by its order dated 1st August 2000, modified the amount of deposit to Rs.1,50,000/-, which was directed to be paid within 6 weeks from the date of the Judgment. The amount as directed has been deposited. 2. The Written Statement was not filed. Since the trial of the suit is still to take place and since the Defendant has complied with the condition subject to which leave to defend was granted, the interests of justice would be served if permission is granted to file the Written Statement, subject to the payment of costs. The Court is informed that the Written Statement together with a Counter Claim is ready for being filed. 3. The Notice of Motion is disposed of by taking the Written Statement on the record and by condoning the delay, subject to the payment of costs quantified at Rs.10,000/-, which shall be a condition precedent. Costs shall be paid within a period of 12 weeks. All the contentions in regard to the Counter Claim including the question of limitation, are kept open. 4. The Notice of Motion is disposed of. 5. The Suit shall be placed on board for framing of issues on 23rd September, 2009. (Dr. D.Y.Chandrachud, J)