*1* nms.3334.10.sj.452.09 kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3334 OF 2010 IN SUMMONS FOR JUDGMENT NO.452 OF 2009 IN SUMMARY SUIT NO.1711 OF 2009 Pyara Singh and Sons. ..Plaintiff -Versus- Durha Components Pvt.Ltd.. ..Defendant .......... S.Shetty, for the Plaintiff. Nilesh S. Patil, for the Defendant in support of the Notice of Motion. .......... CORAM : S.C.DHARMADHIKARI, J. DATE : 01st December, 2010. P.C. 1 This is a Notice of Motion filed by the Defendant seeking leave to place on record the affidavit in reply. According to the learned counsel for the Defendant, the affidavit in reply could not be filed earlier and there is delay of 357 days. He submits that although the law does not stipulate any such application but by way of abundant precaution and since the reply affidavit is sought to be filed after 357 days, the delay be condoned. 2 Having perused the application and the affidavit in support thereof, I am of the view that the delay deserves to be condoned in the interest of justice and the reply affidavit be taken on record. Notice of Motion is made absolute in terms of prayer clauses (a) and (b) but on payment of costs quantified at Rs.2500/- to be paid by the Defendant to the Plaintiff within two days from today. *2* nms.3334.10.sj.452.09 3 In the light of the fact that the affidavit in reply is taken on record, this Summons for Judgment cannot be proceeded exparte and an opportunity will have to be afforded to both sides. Place this Summons for Judgment for final hearing and disposal on 15.12.2010. (S.C. Dharmadhikari, J)