1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 246 OF 2008 IN SUIT NO.1050 OF 2004 M. K. Plastics .. Plaintiffs -versus M/s Chemoage Indusreiwa .. Defendants Ms Sheetal Desai, i/b S. T. Manek for the plaintiffs Mr. H.S. Khalsa, for the defendants CORAM: R. G. KETKAR, J DATED: 18th September, 2009 P.C. 1. This Chamber Summons is taken out by the defendants for enlarging the time to file written statement and for taking written statement of defendants on record by condoning the delay of 1033 days. 2. The Plaintiffs instituted Summery Suit for recovery of Rs.1,20,689.90 together with interest @ 18% per annum from the date of institution of the suit till the payment or realization of the amount and for costs. 3. The Plaintiffs took out Summons for Judgment and 2 upon hearing both sides this Court (D.G. Karnik, J) by order dated February 23, 2005 granted unconditional leave to the defendants and further directed the defendants to file written statement within 30 days. 4. In support of this Chamber Summons, the defendants have made affidavit of Shri.Hiten Shah, one of the Partners of defendants, setting out therein that he had lost the track of the suit and was under wrong impression that the written statement was already filed on behalf of the defendants. 5. Plaintiffs resisted the Chamber Summons by filing affidavit in reply of Shri.Kirit M Ganatra, Partner of the Plaintiffs, contending that the defendants have to explain every day’s delay and in the present case the delay is enormous to the extent of 1033 days. The suit of the plaintiffs is unnecessarily dragged for want of written statement. 6. I have heard learned counsel for the parties. It is common ground that the suit is not yet placed on record. In the mean time, defendants have already affirmed written statement on February 2, 2008 and also furnished the copy thereof to the plaintiffs. In th interest of justice, in my opinion, the defendants should be permitted to file written statement by 3 paying costs to the plaintiffs. Hence, in my opinion, following order will meet the ends of justice. ORDER. I) The Chamber Summons is made absolute in terms of prayer clauses (a), (b) and (c), on the condition of payment of costs of Rs. 5,000/- to the plaintiffs, within a period of four weeks from today. The payment of costs shall be the condition precedent for taking on record the written statement. II) If costs as aforesaid are not paid within four weeks, the suit shall proceed in absence of written statement of the defendants. III)The Chamber Summons stands disposed of with no order as to costs. (R.G. KETKAR, J)