IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1869 OF 2008 IN SUIT NO.1566 OF 2006 The Federal Bank Ltd. ..... Plaintiffs V/s. V.K.Radhamaniamma & Anr. .... Defendants Mr.Vivek Sawant i/by Kusumakar Kaushik, for the plaintiffs. Mr.N.V.Gangal i/by M/s.Dhanashree M. Shende, for the applicant- defendants. CORAM: R.Y.GANOO, J. DATED: 28th JANUARY, 2009. P.C. 1. This Chamber Summons is taken out by both the defendants for setting aside the order dated 08-07-2008, by which the suit was transferred as undefended suit. No affidavit-in-reply has been filed to the present chamber summons by the plaintiffs. 2. I have heard the learned counsels on both the sides. Perused the affidavit in support of the chamber summons. The affidavit in support of the chamber summons clearly goes to show that the number of developments took place in the office of the Prothonotary and Senior Master, including at one stage, an application was filed by the earlier Advocate for the defendant No.1 for withdrawal of the appearance. Considering the record, a lenient view is required to be taken and the defendants will have to be given a chance to defend the suit, of course, on payment of costs which are fixed at Rs.3,000/-. Hence, the following order. : O R D E R : 1. The Chamber Summons is made absolute in terms of prayer clauses (a) and (b). 2. The order dated 08-07-2008 is quashed and set aside. 3. The defendants do pay to the plaintiffs cost of Rs.3,000/- (Rupees Three Thousand only) so far as this Chamber Summons is concerned. 4. Upon payment of costs of Rs.3,000/-, before 05-02- 2009, the defendants to tender written statement in the Court directly. If costs are not paid before 05-02-2009, defendants will not be granted permission to file written statement in the Court. 5. Adjourned to 05-02-2009 for filing written statement. ( R.Y.GANOO, J. )