: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 893 OF 2008 IN SUIT NO.2487 OF 1992 M/s. Bharat Pulveerising Mills .. Plaintiffs v/s. M/s. Paushak Ltd. .. Defendants ......... Mr. A.T. Suryavanshi i/by M/s. Markand Gandhi & Co. for the plaintiffs Mr. R.G. Sheth for the defendant in support of NMS. ......... CORAM : R.Y.GANOO, J. DATE : 9th JUNE, 2010. P.C. : 1. This motion is taken out for condonation of delay in filing the written statement. Copy of the affidavit in reply is submitted by learned Counsel for the plaintiffs. I have heard learned advocates on both sides. An attempt is made by the defendants to explain the delay in the affidavit in support. In the affidavit : 2 : in support, it is mentioned that the written statement which was prepared and affirmed on 25th March, 1996 was taken to the learned advocate for the plaintiff for tendering his consent. This happened some time in April, 1996. Thereafter, it was just possible for the defendants to take out an appropriate proceedings to condone the delay and have the written statement filed. This was not done. The blame for this can be conveniently passed on the learned advocate for the defendants as it was his duty to advice the client to take out appropriate proceedings. In the present case, the defendant is a Limited Company and hence it is just not possible for defendants to know as to what steps should be taken to have the written statement taken on record. In the normal course, this could have been a fit case for dismissal however, the only ground which appeal me is that the written statement was affirmed way back in March, 1996 and it remains to be taken on record. It is to be noted that the defendants can be permitted to file written statement subject of course paying them to costs. : 3 : 2. In my view, in the present case, cost of Rs.20,000/- would meet the ends of justice. Hence, the following order is passed. ORDER (i) Upon defendants paying to the plaintiffs cost of Rs.20,000/-, defendants are permitted to file written statement. Cost to be paid on or before 30th June, 2010 in the Court. (ii) Written Statement, which is already on record will be taken as written statement after the costs are paid. Suit is adjourned to 5th July, 2010 for direction. On that date, the defendants to produce proof of payment of costs. (iii) If costs are not paid as above, the written statement will not be taken on record and on 5th July, 2010 appropriate order shall be passed. (iv) If the cost is paid by the defendants, plaintiffs are free to withdraw the same. (R.Y.GANOO, J.)