vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2078 OF 2006 NOTICE OF MOTION NO.2078 OF 2006 NOTICE OF MOTION NO.2078 OF 2006 IN SUIT NO.1619 OF 1989 M/s.Walia Construction Co. ... Plaintiff V/s. Ashok Raghunath Jukar & Ors. ... Defendants Mr.V.Mannadiar for Plaintiff Mr.V.K. Damle for Defendants CORAM: SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: JULY 6, 2006 JULY 6, 2006 JULY 6, 2006 P.C.: P.C.: P.C.: . This Motion has been taken out for setting aside the order dated 24.6.2006 wherein this Court directed that the suit should proceed against the Defendants without their written statement. The Defendant No.1 has stated in the affidavit in support of the Motion that the written statement was declared on 28.11.2001 by him but it got mixed up with the papers of other suits between the parties filed in the City Civil Court, the Small Causes Court and in criminal case filed by the police authorities at the instance of the Defendants. 2. The Defendants contend that they have already served their written statement on the plaintiff. In these circumstances, in my view, the written statement can be accepted. The Defendants have made a out a exceptional circumstances in the affidavit in support of : 2 : the Motion. Therefore, the written statement is accepted subject to payment of costs of Rs.5,000/- (Rupees Five thousand only) to the Maharashtra State Legal Services Authority within two weeks from today. 3. Notice of Motion is disposed off accordingly. : 3 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2038 OF 2006 NOTICE OF MOTION NO.2038 OF 2006 NOTICE OF MOTION NO.2038 OF 2006 IN SUIT NO.1619 OF 1989 M/s.Walia Construction Co. ... Plaintiff V/s. Ashok Raghunath Jukar & Ors. ... Defendants Mr.V.Mannadiar for Plaintiff Mr.V.K. Damle for Defendants CORAM: SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: JULY 6, 2006 JULY 6, 2006 JULY 6, 2006 P.C.: P.C.: P.C.: . In view of the disposal of Notice of Motion No.2078 of 2006 today, nothing survives in this Motion and is disposed off accordingly.