*1* chs.503.10.ss.3075.07.918.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.503 OF 2010 IN SUMMARY SUIT NO.3075 OF 2007 Prashant Vithaldas Hamlai. ..Plaintiff -versus- Devashri Real Estate Developers. ..Defendants ............ Mr.M.J.Devani, for the Plaintiff. Mr.Arzan Bulsara i/b Tyabji Dayabhai a/w Malavika Menon, for the Defendants. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 14th November, 2011. P.C.: 1 This is a Chamber Summons seeking condonation of delay in filing the Written Statement. 2 It is stated that the suit was initially filed as Summary Suit, but on the application of the Defendants seeking leave to defend, this Court granted unconditional leave by order dated 24.09.2009. In that order four weeks’ time was stipulated for filing the Written Statement. However, the Written Statement could not be filed on account of certain administrative difficulties and for the reasons set out in paragraph 5 of the affidavit in support, therefore, the delay be condoned and the Written Statement be taken on record. 3 Mr.Devani, learned counsel appearing for the Plaintiff, submits that the statements in paragraph 5 of the affidavit in support do not constitute sufficient cause for condoning the delay nor can be said to *2* chs.503.10.ss.3075.07.918.sxw be reasonable and valid explanation for not filing the Written Statement in time. Similarly, the Court cannot extend time beyond what is stipulated in section 148 of the Code of Civil Procedure, 1908. 4 After hearing Mr.Devani, I do not find substance in the objection raised by him. The Written Statement could not be filed, according to the Defendants, because there was reorganization of the Dempo Group of Companies and the Defendants and partners are majority shareholders in the said Group of Companies and therefore, there was delay in filing the Written Statement. Further, in peculiar facts of this case, when time was stipulated in the Court’s order, the Court has sufficient and ample powers to enlarge it in larger interest of justice. 5 In these circumstances, the delay in filing the Written Statement is condoned. The Chamber Summons is made absolute in terms of prayer clauses (a) and (b), but on condition that the Defendants pay costs quantified at Rs.2,000/- to the Plaintiff’s Advocate within a period of two weeks from today. (S.C. Dharmadhikari, J)