bsb 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. 1 OF 2008 NOTICE OF MOTION NO. 1 OF 2008 NOTICE OF MOTION NO. 1 OF 2008 IN IN IN SUIT NO. 42 OF 2007 SUIT NO. 42 OF 2007 SUIT NO. 42 OF 2007 Firooza A. Sadri ... Plaintiff V/s Adil K. Sadri ... Defendant Ms.A.S.Khushrushahi for the plaintiff. Ms.Z.A.Irani for the defendant. CORAM: S.C.DHARMADHIKARI, J. CORAM: S.C.DHARMADHIKARI, J. CORAM: S.C.DHARMADHIKARI, J. DATED: 18TH FEBRUARY, 2009 DATED: 18TH FEBRUARY, 2009 DATED: 18TH FEBRUARY, 2009 P.C.: P.C.: P.C.: 1. Perused the notice of motion and affidavit in support of the reply. 2. Considering the facts involved in this case and that the defendant was hospitalized and under treatment for his illness, in the facts peculiar to this case, the delay in filing the written statement is condoned subject to the defendant paying costs quantified at Rs.2,500/- to the plaintiff’s advocate to be paid within a period of two weeks from today. 2 3. The written statement shall be taken on record provided the same is filed on proof of costs being paid and within two weeks from the date the costs are paid. 4. Notice of motion allowed in the above terms. (S.C.DHARMADHIKARI, J.) (S.C.DHARMADHIKARI, J.) (S.C.DHARMADHIKARI, J.)