: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.563 OF 2007 IN SUIT NO.107 OF 1995 Navin K. Joshi ....Plaintiff V/s. Vijay M. Joshi & Ors. ....Defendants Mr.S.R. Ganoo i/b Kanga & Co. for the Plaintiff. Mr.Chetan Kapadia i/b P.K. Shroff & Co. Defendant Nos.3 and 4. CORAM : S.J. VAZIFDAR, J. DATED : 15TH SEPTEMBER, 2008. P.C. : 1. The instructions for drafting the written statement were given long ago. A draft of the written statement was also prepared earlier. Due to logistic difficulties occasioned by Defendant Nos.3 and 4 residing outside India, it remained to be actually filed in Court. 2. Further considering the nature of the suit and the nature of the transactions, it is only just and proper that Defendant No.3 and 4 do not suffer a decree for not having actually tendered the written statement in Court. In these circumstances I am not inclined to uphold the objections raised by the : 2 : Plaintiff to the written statement being taken on record. Admittedly Defendant No.1 is the Plaintiff’s brother. He had entered into the transaction with Defendant Nos.3 and 4. 3. In the circumstances, the Chamber Summons is made absolute in terms of prayer (a). The written statement is tendered in Court. The same is taken on record. Defendant Nos.3 and 4 shall pay the costs fixed at Rs.5000/- to the Maharashtra State Legal Services Authority within two weeks from today.