1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2341 OF 2008 IN SUMMARY SUIT NO.1708 OF 2007. Manilal Malashi Maru : Plaintiff. Versus Shridhar Mahadeo Katdhare : Defendant. Mr.Jitendra Shukla i/by G.H.Shukla & Co. for the Plaintiff Mr.V.S.Kapse for the Defendant. CORAM : R.M.SAVANT, J DATED : DECEMBER 03, 2008 P.C. 1. By the above Notice of Motion, the Defendant seeks condonation of delay of 81 days in filing the above Notice of Motion which has been filed seeking extension of time to file written statement. 2 2. In the above Suit, an order came to be passed on 14th February 2008 directing the Defendant to file his written statement within six weeks. The said period of six weeks expired on 27th March 2008. As per the case of the Defendant in the affidavit in support, the written statement was affirmed on 4th April 2008. However, the same could not be filed as the time for filing the same had already expired. The learned counsel for the Defendant also moved an application before the learned Single Judge taking up the Suits. However, according to the learned counsel for the Defendant, he was directed to file appropriate proceedings. 3. Since the written statement has already been affirmed on 4th April 2008 and there is merely a delay of about 81 days, which includes the period of Summer Vacation of the year 2008, in my view, the case for grant of reliefs in terms of prayer clauses (a) and (b) is made out. 4. The above Notice of Motion is accordingly made absolute in terms of prayer clauses (a) and (b). 3 5. Time to file written statement is extended by a period of two weeks from date. The Defendant to pay costs of Rs.2,000/- to the Plaintiff within a period of four weeks from date. .6. The Notice of Motion to stand disposed of. [R.M.SAVANT, J]