FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. O.O.C.J. O.O.C.J. NOTICE OF MOTION NO.1062 OF 2008 IN SUIT NO.1687 OF 2002 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Prothonotary’s : orders. : -----------------------------------:------------------------------------- Mr.Anoop Sharma i/b S.M.Kazi for the plaintiffs. Ms.I.K.Calcuttawala AGP for defendant nos.1 to 3. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 19TH JUNE, 2008 DATED: 19TH JUNE, 2008 DATED: 19TH JUNE, 2008 P.C.: . Heard learned counsel for the parties. 2. This motion is taken out by defendant no.3 for condoning delay in filing the written statement dated 1st March, 2008 and allowing them to file it on record. Counsel for the plaintiffs fairly stated that some costs may be imposed for the delay in filing the written statement. It appears that defendant Nos.1 and 2 have already filed their written statement on record. The suit has yet not reached the stage of framing issues. Keeping that all in view and considering the cause for delay shown in the affidavit and considering that no prejudice would be caused to the plaintiffs if defendant no.3 is allowed to file their written statement, at this stage, I am inclined to allow the prayer made in the motion subject to payment of costs. Hence I pass the following order: . Notice of Motion is made absolute in terms of prayer clause (a) and (b) subject to payment of the costs of Rs.2,000/- to be paid to the High Court Legal Services Committee within a period of three weeks from today. The Notice of Motion is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)