1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1398 OF 2007 IN SUIT NO.548 OF 1997 Vijaya Bank .. Plaintiff Versus I.T.Incorporated & Anr. .. Defendants Mr.Sanjeev Kanchan for plaintiff Ms.Swati Sawant i/b. Asif Iqbal I. Patel for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 1st October 2008 P.C. . As the written statement was not filed by the defendants, the Prothonotary & Senior Master has transferred the suit to the list of undefended suit, enabling plaintiffs to obtain a decree for want of written statement. 2. Now the defendants have applied for recalling the order of Prothonotary and Senior 2 Master and seeking permission to file written statement. 3. From a perusal of the affidavit in support of the chamber summons, it appears that they received the writ of summons and yet took no steps in a suit filed in the year 1997, to put in their defence. In such circumstances, the Prothonotary was justified in transferring the matter to the list of undefended suits. However, now that an opportunity is sought to defend the suit, in facts peculiar to this case, such an opportunity can be granted, provided defendants file their written statement within ten days and pay cost quantified at Rs.5000/- to the plaintiff bank. Cost condition precedent. On production of proof of payment of cost, written statement be accepted. 4. Needless to state that in default the order of Prothonotary & Senior Master stands and 3 the plaintiffs then would be entitled to apply for decree in the suit. Chamber summons disposed of accordingly. (S.C.Dharmadhikari, J)