IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1926 OF 2008 AND NOTICE OF MOTION NO. 1927 OF 2008 IN SUIT NO. 684 OF 1999 Fortis Financial Services Ltd. : Plaintiffs v/s Podar Infotech Pvt. Ltd. & anr. : Defendants Jatin Sanghavi i/b Dholkia Law Associates Advocate for plaintiffs Ms. Halwasia i/b Halwasia & co. Advocate for defendants Coram : Shri A.P. Deshpande, J Date : 13.6.2008 P.C. This court by an order dt. 16.7.2002 granted unconditional leave to defend the suit and directed the defendants to file their written statement within a period of 30 days. Thereafter the matter came to be transferred to the list of commercial causes. The matter appeared before this court after gap of about 5-6 years. At which point of time the defendant seems to have realised that they have not filed the written statement and hence notice of motion no. 1926/08 and 1927/08 are taken out by the defendant nos. 1 and 2 separately seeking condonation of delay in filing the written statement. Along with the notice of motion the defendants have also tendered written statement on record with a prayer to accept the same. In the affidavit filed by the defendants in support of the notice of motion it is stated that the defendant no.1 company incurred huge losses on account of which there was a retrenchment of large chunk of staff. Because of the same the file and papers in respect of the present suit were misplaced and could not be found as no particular person remained in charge of the papers. It is also submitted by the learned counsel for the defendants that the delay : 2 : in filing of the written statement is neither deliberate nor intentional but for the reasons beyond the control of the defendants. It is also submitted that the delay in filing the written statement has not resulted in prolonging the proceedings of the suit in as much as the suit came to be listed after grant of leave for the first time in the year 2008. learned counsel for the plaintiff submits that unnecessarily the filing of the written statement has been delayed and if and in case the delay is to be condoned and written statement are to be taken on record the same should be on imposing heavy cost on the defendants. As I am of the view that it would be in furtherance of cause of justice to condone the delay and permit filing of the written statement, which is tendered along with notice of motion I make the motion absolute in terms of prayer clause (a) and (b) of the notice of motion. However subject to payment of cost of Rs. 10,000/- each by the defendants 1 and 2 to the plaintiff within a period of 2 weeks from today. The written statement tendered in the court are taken on record. Parties are directed to file draft issues within 2 weeks. Stand over for two weeks. Both the motions disposed of. Common order is passed in both the notice of motions. (A.P. Deshpande, J)