IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1288 OF 2008 IN SUMMARY SUIT NO.7051 OF 1999 Shailesh Sura ....Plaintiff V/s. Bank of India & Anr. ....Defendants Mr.Kiran Nikam i/bM/s.S. Ashwinkumar & Co. for the Plaintiff. Mr.O.A. Das for Defendant No.1. CORAM : S.J. VAZIFDAR, J. DATE : 2ND DECEMBER, 2009. P.C. :- 1. There is indeed an enormous delay of eighteen years in filing the written statement. Despite the same, I intend allowing Defendant No.1 to file the written statement in the peculiar facts of this case. 2. There appears to have been some difficulty between Defendant No.1 and their advocates as a result whereof, the written statement was not filed. Ultimately Defendant No.1 has delisted the earlier advocate and appointed the present advocate. Further looking to the nature of the dispute, it is desirable that the same be decided on merits and not by default. 3. In the circumstances, the Notice of Motion is made absolute in terms of prayers (a) and (b) subject however to Defendant No.1 paying the costs fixed at Rs.5000/- to the Plaintiff on or before 31.1.2010. The written statement shall be filed within two weeks of the costs being paid. 4. The Notice of Motion is accordingly disposed of.