FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. NOTICE OF MOTION NO.1046 OF 2008 IN SUMMARY SUIT NO.3738 OF 1999 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Prothonotary’s : orders. : -----------------------------------:------------------------------------- Mr.Jagdish Gendrao i/b S.Ashwinikar for the plaintiff. Mr.O.A.Das for the defendant. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 17TH JUNE, 2008 DATED: 17TH JUNE, 2008 DATED: 17TH JUNE, 2008 P.C.: . Heard learned counsel for the parties. 2. Defendant No.1 has taken out this notice of motion for condoning the delay in filing written statement and for hearing the suit on merits. The bank was granted unconditional leave to defend the suit by order dated 19th March, 2002. It appears that at that stage M/s.P.Mehta and Mithi & Co. were representing defendant no.1, who were not deligent enough to file written statement in the suit, though were instructed to do so. Keeping that in view and considering the reasons stated in the affidavit in support of the motion, this motion is made absolute in terms of prayer clause (a) and (b) subject to payment of costs in the sum of Rs.10,000/- to the plaintiff within two weeks from today. Defendant No.1 to pay the costs to the plaintiff by Demand Draft or Pay Order. Notice of Motion is disposed of. The suit to come up on board for directions after three weeks. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)