KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1540 OF 2009 IN SUIT NO.3350 OF 2007 Bajaj Organic Pvt. Ltd., .. Plaintiffs V/s. Geeta Organics Pvt. Ltd., .. Defendants ---- Mr.Sandeep S Kundhan h/f Nagi & Associates for the Plaintiffs. Mr.Prashant N. Sutar for the Defendants. ---- CORAM : R.S.MOHITE, J DATE : 12/7/2010 P. C.: 1 This is a Chamber summons taken out by the original defendant for setting aside an order passed by the Prothonotary & Senior Master on 6.1.2009 transferring the suit to the list of undefended suits. It is contended that the defendants should not be penalised for the default of their lawyer in not filing the written statement. It is contended that the written statement was presented before the Prothonotary & Senior Master on 16.7.2008 but was not taken on record and the order was passed on 6.1.2009. From the written statement which is tendered, it is seen KJ 2 that the written statement has been affirmed before passing of the order by the Prothonotary & Senior Master. The date of affirmation is 21.6.2008. The defendants have now engaged a new Advocate. In the circumstances, I am inclined to grant Chamber summons subject to cost. Chamber summons is therefore, allowed in terms of prayer clauses-(a) & (b) subject to payment of cost of Rs.5000/- which will be payable by the plaintiff through their Advocate within four weeks from today. Chamber summons stands disposed off. Written statement which is tendered is now taken on record. (R.S.MOHITE,J.)