1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1388 OF 2011 IN SUIT NO.970 OF 2010 Mangalbhai G. Patel and another Plaintiffs versus Rashmi Balraj Ramawamy and others Defendants Mr.Chirag Dave i/by Narayan & Narayan for plaintiff. Mr.Amit Shaligram for defendant no.3. CORAM : S.J.KATHAWALLA, J. DATE : 15th June 2011 PC : 1. By this Notice of Motion the defendant no.3 has prayed that the order dated 28th April 2011 passed by the Prothonotary & Senior Master directing the present suit to be proceeded as undefended suit be set aside. The defendant no.3 has also prayed that the delay of 57 days in filing written statement be condoned and he be allowed to file his written statement. The Notice of Motion is served on the advocate for the plaintiff on 3rd May 2011. However, no reply is filed to the Notice of Motion. 2. I have heard learned counsel for the defendant no.3 as well as the plaintiff. I have also perused the affidavit-in-support of the Notice of Motion more particularly paragraphs 5 to 7 of the said affidavit. In my view, the defendant no.3 has shown sufficient cause for not being able to give necessary instructions to their advocate and for granting reliefs as prayed for in the Notice of Motion. In the circumstances, the Notice of Motion is allowed in terms of prayer clauses (a) and (b). The office is directed to take on record the written statement of defendant no.3. Notice of Motion is accordingly disposed of. (S.J.KATHAWALLA, J.)