1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1822 OF 2006 IN SUIT NO. 520 OF 1990 . M/s.Trans Asia Metal Decorators Ltd. : Plaintiffs. Versus India Steamship Company Ltd. : Defendants. Mr.Y.D.Dalvi i/by Mr.Suresh S Pakale for the Plaintiffs. Mr.I.A.Bootwala i/by M/s.Bootwala & Co. for the Defendants. CORAM : R.M.SAVANT, J DATED : DECEMBER 03, 2008 P.C. 1. By the above Notice of Motion, the Defendants pray that the delay in filing it's written statement be condoned and the written statement dated 25th October 1994 be taken on record. 2 2. It is the case of the Defendants that the above Plaintiffs had filed two suits in this Court i.e. the above Suit and the Suit No.537 of 1990 at the same contemporaneous time. The Defendants company is based in Calcutta. The written statements in both the suits were declared at Calcutta on 25th October 1994 and were forwarded to their advocates in Bombay for filing. Though the written statement was filed in the other suit i.e. Suit No.537 of 1990, due to inadvertence the written statement, though declared on 25th October 1994, remained to be filed in the above suit. The copy of the said written statement has also been served on the Plaintiffs in the year 1998. 3. Considering the aforesaid facts, in my view, the interest of justice requires that the written statement of the Defendants be taken on record. The above Notice of Motion is accordingly made absolute in terms of prayer clauses (a) and (b). 4. The Defendants to file their written statement within two weeks from date. The Defendants to pay costs of Rs.3,000/- to the Plaintiffs within four weeks from date. 3 5. The Notice of Motion to stand disposed of. [R.M.SAVANT, J]