1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3186 OF 2008 IN SUIT NO.485 OF 1984 The Board of Trustees of Port of Mumbai .. Plaintiff Versus M/s.Dadlani Silk Stores & Anr. .. Defendants Mr.Parag Kandhar i/b. Mulla & Mulla for plaintiff Mr.S.Rege i/b. P.J.Raja for defendant No.2. CORAM : S.C.DHARMADHIKARI, J. DATE : 6th October 2008 P.C. . Heard Mr.Pankaj Shah and Mr.Makhija for plaintiffs in opposition. 2. Perused the affidavit in support of the motion which prays that the first defendant be allowed to defend the suit by filing written statement and for that purpose the delay be condoned. 2 3. Having perused the affidavit in support of the motion, it is apparent that first defendants are aware of institution of the suit and were in receipt of the writ of summons long time back. Change of their Advocates or their premises can clearly be said to be a ground. However, in facts peculiar to this case and by putting the first defendant to terms, they are allowed to defend. Accordingly, the following order:- (a) Notice of motion is made absolute in terms of prayer clause (a) on the condition that the first defendant pays to the plaintiffs cost, quantified at Rs.5000/- within two weeks from today. Costs condition precedent. On proof of payment of cost, written statement be taken on record. Non compliance of the above would result in notice of motion 3 being dismissed and the first defendant remaining ex-parte. 4. At the request of Mr.Makhija and considering that all that is sought is leave to amend to incorporate the changed name of defendant No.2, leave to amend cause title is granted. Accordingly, cause title be amended and consequential amendments be carried out within three weeks from today. Time to file affidavit of documents and evidence extended by six weeks from today. (S.C.Dharmadhikari, J)