IN IN IN THE HIGH COURT OF JUDICAUTRE AT BOMBAY THE HIGH COURT OF JUDICAUTRE AT BOMBAY THE HIGH COURT OF JUDICAUTRE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 2224 OF 2005 OF MOTION NO. 2224 OF 2005 OF MOTION NO. 2224 OF 2005 IN SUIT NO. 2346 OF 1984 S.M. Loyawala ... Plaintiff Versus The Trustees of the Port of Bombay ... Defendants Mr. L.V. D’Souza i/by Pandya & Poonawala for Planitiff. Mr. U.J. Makhija with Mr. K.J. Gandhi for Mulla & Mulla for Defendants. CORAM CORAM CORAM : F.I. REBELLO,J. : F.I. REBELLO,J. : F.I. REBELLO,J. DATED DATED DATED : AUGUST 26, 2005 : AUGUST 26, 2005 : AUGUST 26, 2005 P.C. P.C. P.C. . By consent motion taken up on board and heard forthwith. By the motion, defendants seeks condonation of delay in filing written statement and recalling the order of this court dated 4.8.2005. Heard the counsel for the Plaintiff. For the cause as set out in the affidavit and order to be passed, the following order : . Order dated 4.8.2005 is recalled. Written statement of defendant taken on record subject to defendant paying to the Plaintiff cost of Rs.2,500/- within one week from today. On the cost being paid, suit allowed in terms of Prayer Clauses (a), (b) and (c). On failure to pay cost, motion stands dismissed. . If the costs are paid, list the motion on board after eight weeks for issues. 2 (F.I. (F.I. (F.I. REBELLO,J.) REBELLO,J.) REBELLO,J.)