1 mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.431 OF 2007 IN SUIT NO. 479 of 1991 Ausland Uno Ruckversiche Rungs Aktengesellschaft Der Darag & ors. .. Plaintiff versus The Shipping Corporation of India Ltd. and others .. Defendants ... Mr.Warerkar for the plaintiff. Ms.Sumnani i/b Bhatt & Saldanha for defendant no.1 in support of Notice of Motion. Mr.C.D. Patel i/b Kanga & Co. for defendant no.2. CORAM : D.G. KARNIK, J DATED : 27th April 2009 P.C.: 1. This motion is taken out by the defendant for condonation of a delay in filing of a written statement. 2 2. Though I am not satisfied about the ground given for the delay for filing of the written statement, only by way of concession, I am inclined to condone delay subject to payment of exemplary costs for the reasons indicated below. 3. In the motion, it is averred that the previous advocates were changed and the new advocate was appointed and there has been no negligence on the part of the new advocate who has taken immediate steps for drafting of the written statement. Here, we are not concerned about the negligence or delay by the new advocate but the delay by the defendant for 15 long years. The defendant did not take any steps to instruct the previous advocate to draft the written statement. In my view, the delay cannot be condoned without imposition of costs. For these reasons, motion is allowed in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.10,000/- as condition precedent. Costs shall be paid on or before 5th May 2009 along with the filing of the written statement. If the costs are not paid within the aforesaid time, motion shall stand dismissed without further reference to the court. 3 (D.G. KARNIK, J)