1 2 nms 1269.2010.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srk NOTICE OF MOTION NO. 1269 OF 2010 IN SUIT NO. 3768 OF 1988 Sureshkumar Pukhraji Jain ..Plaintiff. vs. M/s Deepak Builders Pvt. Ltd. ..Defendant. .... Mr. Prashant More i/b S.R. Mishra for the plaintiff. Ms. Shaila Pathak i/b M/s Pathak Associates for the defendant no.1 and in support of notice of motion. Mr. Naushad Engineer i/b Zohair & Co. for the defendant no.2. .... CORAM : D.G. KARNIK, J. DATE : 29TH APRIL, 2010 P. C. 1. By this notice of motion taken out by the defendant no.1, it prays for setting aside of ‘No W.S’ order and/or taking written statement on record. Writ of summons was duly served on defendant no.1 in the year 1989 and defendant no.1 has filed its appearance on 15th June, 1989. The defendant no.1 did not file 2 2 nms 1269.2010.doc its written statement for 20 long years and this notice of motion is taken out in April, 2010 for permission to file the written statement. 2. The only reason given in paragraph 3 of the affidavit in support of notice of motion is that the defendant no.1 learnt when the matter was listed on board on 23rd November, 2009 on being informed by the advocate for the defendant no.2. The defendant must file the written statement in the office. The suit is not listed on board for the purpose of filing written statement. Written statement should be filed in the office on due date. The defendant failed to do so for 20 long years and the explanation given is not at all reasonable. Hence, the Notice of Motion is dismissed. [ D.G. KARNIK, J. ]