- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.783 OF 2008 IN SUIT NO.1448 OF 2003 Shatrunjay Electronics Pvt.Ltd. ...Plaintiff vs. M/s.Olympus Superstructure Pvt.Ltd. ...Defendants --- Ms.N.Rajda i/b. DSR Associates, for Plaintiff. Mr.Patel i/b. Deven Dwarkadas & Partners, for Defendants. CORAM: S.C.DHARMADHIKARI,J. CORAM: S.C.DHARMADHIKARI,J. CORAM: S.C.DHARMADHIKARI,J. DATED: 17TH DECEMBER,2008. DATED: 17TH DECEMBER,2008. DATED: 17TH DECEMBER,2008. P.C. P.C. P.C.: 1. Perused the chamber summons and affidavit in support. There is some substance in the contention of the learned Advocate appearing for plaintiff that the explanation which has been set out on oath does not inspire confidence, to say the least. It is an incorrect version of what transpired when the matter was placed before the concerned official in the Registry. It is apparent that the defendants and - 2 - their Advocates were absent on 16.4.2008 and that is how the suit was transferred to undefended suit’s list. Prior thereto, the order was made on 13.2.2008 in the presence of Advocate for defendants and inspection was to be given within one week from that order. Be that as it may, the defendants prayed for six weeks time to file written statement. The inspection was granted as reported by the plaintiff’s Advocate on 18.3.2008. Whether it was complete or not, the fact remains that no written statement was filed within six weeks and that is how further order came to be passed. 2. Repeatedly, certain explanations are given on oath for delay in filing written statement presumably under the impression that the Court will accept that for what they are and not go into the question of conduct of the parties. That is not permissible when the discretionary and equitable jurisdiction of the Court is invoked. When the explanation is found to be false and malafide, it may not be accepted. However, in this case, the suit is filed in the year 2003 and the order directing written statement to be filed as a last chance is passed on 13.2.2008. Therefore, by imposing cost and putting defendants to - 3 - certain terms, the order passed by the Registry can be set aside. Accordingly, chamber summons is made absolute in terms of prayer clause (a) and (b) subject to the defendants paying costs quantified at Rs.10,000/-. If the costs are paid within two weeks and the written statement is filed on or before 7.1.2009, the same shall be accepted or else the order of the Commissioner stands and suit be set down for ex-parte decree. No further extension will be granted. (S.C.Dharmadhikari, J.)