1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.840 OF 2008 IN SUIT NO.2088 OF 1983 Pradeep B. Vasa .. Plaintiff versus Bombay Builders Co Pvt Ltd & Anr. .. Defendants Mr.Vatsal Shah i/by Kanga & Co for the plaintiff. Mr.Gaurav Joshi a/w Mr.A. Joshi i/by Mulla & Mulla for defendant No.1. Mr.D.M.Thakkar for defendant No.2. CORAM : R.S.MOHITE, J. DATE : 14th June 2010. P.C.: . Heard both sides. This is a notice of motion for condonation of 8760 days delay in filing the written statement on behalf of defendant No. 1. The suit is of the year 1983. At the time when the suit was filed the husband of Pratibha M. Shah who has affirmed the affidavit in support of present notice of motion was handling the management of defendant No. 1-Company. It appears that the husband of the affiant expired sometime in the year 2001. It further appears that in the suit even issues have not been framed. On behalf of the plaintiff also, amendment of the plaint is sought by submitting proposed amendments, for changing the name of the 2nd defendant and adding necessary averments in that regard. By consent of parties the proposed amendment is allowed. Leave to amend in terms of the proposed amendment which is taken on record and 2 marked “X” for identification. Amendment to be carried out within one week. In the affidavit in support of notice of motion the copy of the written statement is annexed. The advocate for defendant No.1 however states that in view of the amendment to the plaint being allowed, they will have to file fresh copy by changing the title. The written statement to be filed within a period of two weeks. In view of these directions, the notice of motion stands allowed in terms of prayer clauses (a) subject to payment of costs of Rs.20,000/- which will be paid to the plaintiff through their advocate within a period of three weeks from today. Stand over to 28th June 2010 for ensuring compliance and all parties are directed to frame draft issues and to file the compilation of original documents. The advocate appearing for original defendant No.2 states that he will file fresh vakalatnama and waive service on behalf of defendant No.2. All parties to file their original documents and affidavit in support of documents on or before the next date. (R.S.MOHITE, J)