vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.121 OF 2006 NOTICE OF MOTION NO.121 OF 2006 NOTICE OF MOTION NO.121 OF 2006 IN SUIT NO.1118 OF 1983 Cotton Corporation of India Ltd. ... Plaintiff V/s. Allahabad Bank & Anr. ... Defendants Mr.R.C. Shah i/b M/s.Divekar & Co. for Plaintiff Mr.K.H. Modi i/b Little & Co. for Defendant CORAM: SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, SMT.NISHITA MHATRE, J. J. J. DATED: MARCH 28, 2006 MARCH 28, 2006 MARCH 28, 2006 P.C.: P.C.: P.C.: . This Motion has been taken out for condoning the delay in filing the written statement in the present Suit. According to Defendant No.1, they have been impleaded after they took over the establishment of the original Defendant No.1. It is submitted on behalf of the Defendant that although the plaint was allowed to be amended, a copy of the amended plaint has not been served on them. Reply to the Summons for Judgment has already been filed and a counter claim has also been preferred by Defendant No.1. According to the learned Counsel appearing for Defendant No.1, the defenses of Defendant No.1 have already been disclosed in these two pleadings. Copy of the written statement in the present suit has already been forwarded to the plaintiffs and therefore, he submits that no prejudice would be caused to the plaintiff if the written statement is taken on : 2 : record. 2. Heard Counsel for the parties. There has been an inordinate delay in filing the written statement. However, in the circumstances of the case, I am of the view that the Notice of Motion must be allowed by condoning the delay, however, subject to payment of costs. 3. Notice of Motion is accordingly allowed in terms of prayer clause (a) subject to payment of costs of Rs.5,000/- payable to the Maharashtra State Legal Services Authority within two weeks from today. 4. Motion stands disposed of.