1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1605 of 2007 IN SUMMARY SUIT NO.1787 OF 2006 Magna Graphics (India) Ltd. .. Plaintiffs -versus Life Insurance Corporation of India .. Defendants. Ms Pushpa Tiwari, i/b SRS Legal, Mr. Kirit Mody i/b M/s Little & Co. CORAM: R. G. KETKAR, J. DATED: 29th August, 2009. P.C. 1. This Notice of Motion is taken out by the defendants praying for condonation of delay of 50 days in filing Written Statement and also seeking permission to file written statement dated 20th February,2007. 2. The plaintiffs have instituted the suit against the defendants and in the said suit, Summons for Judgment was taken out by the plaintiffs. After hearing both sides, by order dated 29th February, 2006, this Court (D.K. 2 Deshmukh, J) granted the defendants unconditional leave to defend the suit. The defendants were, however, granted four weeks time for filing written statement. In support of this Notice of Motion, the defendants have filed affidavit of Shri. Shirish Pradhan, Assistant Secretary (OS/B). In paragraph 3, the reasons assigned are that the draft written statement forwarded by advocates for defendants, could not be finalised in time due to administrative reasons. After approval of the draft written statement, advocates for defendants, have prepared written statement and the same was affirmed on 20th February, 2007. By letter dated 20th February, 2007, the Advocates for the defendants sent copy of the written statement alongwith a consent praecipe. The advocates for the plaintiffs refused to give the consent and in these circumstances the present Notice of Motion is taken out. 3. The plaintiffs have not filed affidavit in reply in opposition. Learned counsel Ms. Pushpa Tiwari, for the plaintiffs submitted that there is delay of 50 days in filing 3 written statement as ordered by this Court. The defendants have not explained each days delay and there is lack of due diligence on the part of defendants. She submits that Notice of Motion be dismissed by imposing costs. 4. After hearing both sides, I am of the opinion that the sufficient cause is made out by the defendants for condoning the delay of 50 days, in filing written Statement. In the first place, assertions made by the defendant in paragraph 3 of the affidavit in support, have gone uncontroverted. Secondly, having regard to the fact that defendant is a public body, I am inclined to condone the delay of 50 days. Hence the following order. ORDER Notice of Motion is made absolute in terms of prayer clauses (a) and (b) with no order as to costs. Copy of written statement to be filed within one week from today. The Parties to act on the authenticated copy signed by the Associate/Sheristedar of this Court. (R.G. KETKAR, J)