1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.386 OF 2011 IN SUIT NO.4128 OF 1994 WITH SUIT NO.4128 OF 1994 Bank of India Plaintiff versus Vikas Chandrakant Desai and others Defendants None for the plaintiff. Mr.A.P.Fanibanda for defendant in support of Chamber Summons. CORAM : S.J.KATHAWALLA, J. DATE : 28th April 2011 PC : 1. By this Chamber Summons the defendants seek condonation of delay of 10 years and 170 days in taking out the present Chamber Summons. The defendants have further prayed that the order dated 15th September 1999 passed by the Prothonotary & Senior Master transferring the suit to the list of undefended suits be set aside and the written statement of the defendants be taken on record. In the affidavit-in- support of the Chamber Summons the only statement made by the defendants to explain the delay of 10 years and 170 days is as follows : "I say that on my instructions my advocate prepared the written statement but the same could not be declared due to unavoidable circumstances". 2. In my view, except for this brief statement no explanation whatsoever is offered by the defendants for not filing their written statement for more than ten years. No case is therefore made out for condonation of delay. In view thereof, the Chamber Summons is dismissed. (S.J.KATHAWALLA, J.)