1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.1336 OF 2009 IN SUIT NO. 3607 OF 1989 Interface Communication Ltd. ...Plaintiff. Vs. Pest Control (India) Ltd. ...Defendant. .... Mr. S.G. Bhandary i/b. Bhandary & Bhandary for the Plaintiff. Mr. P.N. Mehta i/b. M/s.Desai & Chinoy for the Defendant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. August 31, 2009. P.C. Chamber Summons No.419 of 2005 was taken out for setting aside the order of the Prothonotary & Senior Master dated 24th February 2005, transferring the suit to the list of undefended suits. On 20th June 2005, a Learned Single Judge of this Court passed a conditional order in a batch of matters. Subsequently, on 12th July 2005, the Court noted that as delay in depositing costs and in filing an affidavit of service is condoned, the costs as well as an affidavit of service if filed in the course of the day, shall be accepted. There is an office noting dated 6th June 2006 to the effect that no receipt was 2 found in the proceedings of the payment of costs and hence the Chamber Summons was dismissed. Accordingly, a fresh Chamber Summons has been taken out for restoration of the earlier Chamber Summons to file and for condoning the delay in the payment of costs. Relief has also been sought for condoning the delay in filing a Written Statement and for taking the Written Statement on record. In the affidavit in support it has been stated that the officer of the Defendant who was in charge of the matter left service and that the concerned person handling the matter in the office of the Advocate had also resigned. In my view, the interests of justice would require that the relief as prayed be granted, subject to the payment of costs. In the circumstances, over and above the costs of Rs.1,000/- to be paid to the Legal Services which were directed to be paid in the order dated 20th June 2005, the Defendant shall pay an additional quantum of costs quantified at Rs.5,000/- to the Plaintiff within a period of one week from today. Subject to the payment of the aforesaid amount of Rs.6,000/- as and by way of costs, the Chamber Summons is made absolute in terms of prayer clauses (a) to (d). Learned Counsel for 3 the Defendant states that the Written Statement is ready and shall be filed immediately upon the payment of costs. The statement is accepted. In the circumstances, the Chamber Summons shall stand disposed of. The suit shall be placed on board on 6th October 2009 for issues. .....