1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.535 OF 2007 IN SUMMARY SUIT NO.3277 OF 2005 Dhanraj Meghraj Rajpal .. Plaintiffs -versus M/s Sudershan Fabrrics Garments Accessories Pvt.Ltd .. Defendants Ms Nisha Parmar i/b Tushar Garodia for the plaintiff. Mr.Kalpesh S Mody i/b Y.P.Ghosh for defendant. CORAM: R. G. KETKAR, J. DATED: 26th August, 2009. P.C. 1. This Notice of Motion is taken out for condonation of delay of 85 days in filing Written Statement. The plaintiffs had filed Summary Suit No.3277 of 2005 in this Court for recovery of an amount of Rs. 8,56,486.9l together with interest. 2 2. By order dated 24th July, 2006 this Court (D.K. Deshmukh, J) disposed of the Summons for Judgment and defendants were granted leave on the condition of depositing an amount of Rs.l,00,000/- with due intimation to the plaintiff within a period of six weeks and in the event the defendants deposit the said amount, they were further granted time of 8 weeks from the date of depositing amount for filing Written Statement. Pursuant to that order, defendants have deposited an amount of Rs.1,00,000/- in this Court on 4.9.2006. However, Sritten Statement is not filed within 8 weeks from 4.9.2006. 3. In support of this Notice of Motion, Shri. U. M. Bajaj, aged about 74 years and one of the Directors of the defendants has made an affidavit setting out therein that his wife expired on 25.6.2006 and nearly for about 3 to 4 months he was indisposed. He has further set out that after the death of his wife, he was to Cochin, for Mahayagna. He submitted that he has partly complied with the order dated 24.7.2006, passed by this Court. However, there is delay of 85 days in filing Written 3 Statement. He has therefore, prayed for condonation of delay of 85 days. 4. No affidavit is filed on behalf of plaintiffs in the opposition. Considering the averments made in the affidavit which have gone uncontroverted, in my opinion, sufficient cause is made out for condoning the delay of 85 days in filing Written Statement. After hearing learned counsel for the parties, I deem it appropriate to allow Notice of Motion in terms of prayer clause (a) and (b). Hence the following order. ORDER I) Notice of Motion is made absolute in terms of prayer clause (a) and (b) with no order as to costs. II) Written Statement to be filed within one week from today and copy be served on the otherside. (R.G. KETKAR, J)