1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.898 OF 2011 IN SUIT NO.5073 OF 1999 M/s.Viraj Impex Limited Plaintiff versus M/s.Executive Trading Co.Pvt.Ltd. Defendant Mr.R.M.Tiwari for plaintiff. Mr.Nikhil Chaudhari i/by Khaitan & Jaykar for defendants in support of Motion. CORAM : S.J.KATHAWALLA, J. DATE : 28th March 2011 PC : 1. This Notice of Motion is taken out by the defendant for setting aside the order passed by the Prothonotary & Senior Master dated 22nd January 2008 transferring the suit to the list of undefended suits for want of written statement. 2. Heard learned advocates for the parties. For the reasons set out in the affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clauses (a) and (b) subject to the defendant's paying costs of Rs.10,000/- to the plaintiff. Learned advocate for the defendant undertakes on instructions to pay the said costs to the advocate for the plaintiff within one week from today. The written statement of the defendant is taken on record. Place the suit for framing of issues on 11th April 2011. (S.J.KATHAWALLA, J.)