1 HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.560 OF 2005. CHAMBER SUMMONS NO.560 OF 2005. CHAMBER SUMMONS NO.560 OF 2005. IN SUIT NO.1304 OF 1986 Tirupati(Mahalaxmi) Co-operative Housing Society Ltd. ...Plaintiffs. V/s. M/s.Gowani Builders(Pvt.)Ltd.& Ors...Defendants. Mr.D.V.Merchant i/b N.Hormusjee & Co.for Plaintiffs. Mr.B.Saraf i/b P.Shroff & Co.for defendant No.1. Mr.Pravin Diwan with Mr. A.S.Doctor i/b Kanga & co. for defendant No.2.. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JUNE 7, 2005 DATE : JUNE 7, 2005 DATE : JUNE 7, 2005 P.C. :- P.C. :- P.C. :- 1. Not on board. However, by consent, upon mentioning taken on board. 2. This chamber summons is made returnable on 10th June, 2005. However, by consent, upon mentioning, it is taken on board. 3. Heard counsel for the plaintiffs and applicant- defendant No.2. There is enormous delay in filing of the written statement. Explanation has been offered. 2 But to my mind, the same is not satisfactory. However, by way of indulgence and in the interest of justice, chamber summons is made absolute in terms of prayer clause(a) and (b) on condition that defendant No.2 to pay cost to the plaintiffs, quantified at Rs.7,500/-, to be made over to the plaintiffs or their advocate, on or before 14th June, 2005