(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2438 OF 2008 IN SUMMARY SUIT NO.3641 OF 1999 M/s.Chhabildas Vallabhdas Desai...Plaintiffs Vs. M/s.Ramanlal and Sons & Ors.......Defendants Mr. C.D. Patel i/b. Kanga & Co., for the Plaintiffs Mr. Kiran Nikam i/b. S. Ashwinikumar & Co., for the Defendants. CORAM: CORAM: CORAM: R.Y. GANOO, J. R.Y. GANOO, J. R.Y. GANOO, J. DATED: 1st August, 2008 DATED: 1st August, 2008 DATED: 1st August, 2008 P.C.: P.C.: P.C.: . Mr. Patel for the Plaintiffs and Mr. Nikam for the Defendants. This Notice of Motion No.2438 of 2008 is taken out by the Defendant Nos. 1 to 3 with a prayer that the delay in filing the written statement by Defendant Nos. 1, 2 and 3 be condoned and that the Defendant Nos. 1, 2 and 3 be permitted to file their written statement. The plaintiff has not filed any affidavit in reply opposing the Notice of Motion. 2. I have heard learned Advocate in support of the Motion as well as the Advocate for the Plaintiffs. The explanation for not filing the written statement is contained in paragraph 2 of the affidavit in support of the Notice of Motion. As per the said affidavit the Defendant No.2 claims (-2-) that he was under the impression that the written statement is to be filed by the Advocate only and the defendant has no role to play in the same. In my view considering the fact that the plaintiff has not filed any reply opposing the Motion there appears no difficulty in granting the Motion and the written statement can be taken on record. 3. Learned Advocate for the Plaintiff has orally submitted that costs be awarded to the Plaintiffs. In my view in the absence of afidavit in reply to the present Notice of Motion it will be difficult to accept the submissions of the learned Advocate for the Plaintiffs that they are entitled for costs. Hence Motion is required to be disposed of with no order as to costs. 4. Hence Notice of Motion is made absolute in terms of prayer clauses (a) and (b). There shall be no order as to costs. (R.Y.GANOO, J.) (R.Y.GANOO, J.) (R.Y.GANOO, J.)