: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2575 OF 2007 IN SUIT NO.2748 OF 1986 WITH NOTICE OF MOTION NO.2834 OF 2007 IN SUIT NO.2748 OF 1986 Hemand Cold Storage Pvt.Ltd. ....Plaintiff V/s. M/s.I.S.Redrier E.M. Kkromann & Ors. ....Defendants Mr.Pankaj Sutar i/b Khaitan & Jaykar for the Plaintiff. Ms.N.Suman i/b Bhat & Saldanha for Defendant Nos.1 and 2. Mr.Vishah Mogalikar withMr.Sandeep Sreekumar i/b Mulla & Mullan & C. B. & C. for Defendant Nos.3 to 5. CORAM : S.J. VAZIFDAR, J. DATED : 14TH JULY, 2008. P.C. : 1. The delay in filing the written statement is indeed enormous. It appears that by an order 29.2.2000, the first Defendant was granted four weeks time to file its written statement. The affidavit in support and in particular paragraphs 4 to 6 indicate that immediately thereafter steps were taken to prepare the written statement and that in fact the written statement was prepared. However, the first : 2 : Defendant being a foreign company having no office in Mumbai, had to go through certain formalities and were having the written statement affirmed and filed. For this purpose, the power of attorney was also prepared. The written statement was thereafter duly declared by the constituted attorney albeit after some delay on 29.5.2000. A consent praecipe not having been signed by the Plaintiff’s advocate for taking the written statement on record, ultimately the present Notice of Motion has been taken out. 2. The next Notice of Motion No.2834 of 2007 has been taken for the similar reliefs for condonation of delay in filing the written statement by Defendant No.2 who is the agent of Defendant No.1. Defendant No.2 seeks to adopt the written statement of Defendant No.1. In the above circumstances, I am inclined to grant the reliefs as prayed. 3. In the circumstances, both the Notices of Motion are made absolute in terms of prayers (a) and (b) subject to Defendant Nos.1 and 2 each paying to the Plaintiff’s the costs of these Notices of Motion fixed at Rs.10,000/- each on or before 30.9.2008. The costs may be tendered on behalf of the Plaintiffs to the Plaintiff’s advocate. In the event of the costs not being paid, this order shall stand revoked, both : 3 : the Notices of Motion shall stand dismissed and the written statements shall be returned to the parties.