:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.2340 OF 2007 OF MOTION NO.2340 OF 2007 OF MOTION NO.2340 OF 2007 IN IN IN SUIT SUIT SUIT NO.2302 OF 1992 NO.2302 OF 1992 NO.2302 OF 1992 Azhar Ali Anwar Ali Sambhalwala .. .. ..plaintiffs V/s The Municipal Corporation for Gr. Bombay and others ..Defendants None for the plaintiffs Ms B.M.Choudhary with Mr. Shirsekar for the defendants CORAM ; A.A.SAYED, J. DATE : 30TH JANUARY, 2009 P.C. 1. This motion has been taken out by the defendant-corporation and others to grant leave to file their written statement dated 21-07-1998 by condoning the delay. 2. The written statement was affirmed on 21-07-1998 and copy thereof was also forwarded to the Advocate for the plaintiff on 29-07-1998. Praecipe was also filed on 23-07-1998 for production of the papers and proceedings before the Court for seeking leave and place the written statement on record. However, it appears that thereafter, as is averred in the affidavit in support, that the papers were not traceable and the matter was lost sight of and the written statement remained to be filed inadvertently. :2: It appears that thereafter, exparte decree was passed in favour of the plaintiff as there was no written statement filed. The defendant-corporation and others thereafter filed an appeal for setting aside the exparte decree, which ultimately came to be set aside. 3. Considering the facts of the case, it is clear that written statement was already affirmed as far as back as on 21-07-1998 and copy thereof was also forwarded to the Advocate for the plaintiff, I am inclined to allow the motion subject to costs. Hence I pass the following order:- 4. Notice of Motion is made absolute in terms of prayer clause (a) subject to costs of Rs. 1000/- to be paid by the defendant-corporation to the plaintiff within 4 weeks from today. Written statement to be filed within one week. Costs will not be condition precedent. 5. Notice of Motion to stand disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)