1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL JURISDICTION NOTICE OF MOTION NO. 3027 OF 2007 IN SUIT NO. 1975 OF 1991 Bank of Baroda. .... Plaintiffs. V/s. M/s. Saiba Agencies. .... Defendants. ....... Ms. S. Srikrishnan with Ms. Renu Banerjee i/b. Little & Co. for the Plaintiffs. None for the Defendants. ........ CORAM : DR. D.Y. CHANDRACHUD, J. 23RD JANUARY 2008. P.C. :- No written statement has been filed in a suit of 1991. On 17th April 2003, an order was passed by the learned Single Judge to the effect that if the Defendants deposit the principal amount, time will be granted to file the written statement, otherwise, the suit will be 2 proceeded with without a written statement. An appeal was dismissed on 16th June 2003 by the Division Bench but time to deposit the amount was extended by a further period of eight weeks. Counsel appearing on behalf of the Plaintiffs has stated that the Defendant had furnished a proposal of a one time settlement by a letter dated 3rd September 2007 and in pursuance thereof, a pay order of Rs.1 lakh was handed over which was duly encashed. However, out of the four post dated cheques, the first two were dishonoured on presentation. Evidently, there is no bona-fide attempt on the part of the Defendants to repay the Plaintiffs' dues. In any event, having regard to the fact that the order of the learned Single Judge dated 17th April 2003 was confirmed in Appeal on 16th June 2003, the relief as sought in the Motion cannot be granted. The Motion is accordingly dismissed. ------