IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1338 OF 2009 IN SUIT NO.4472 OF 1997 Meenakshi Komera ..Plaintiff Vs. Madhu Hotchand Jaisinghani & Ors. ..Defendants Mr. A.A.Kocharkar for the Plaintiff Mr. Tanvir Shaikh for Defendant Nos. 1A, 1C and 2 CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 25th AUGUST, 2009 P.C. : The Chamber Summons has been taken out for condoning the delay on the part of the Defendant Nos. 1A to 1C and Defendant No.2, in filing the Written Statement and for setting aside the order of the Prothonotary and Senior Master, transferring the suit to the list of undefended suits. The suit is for partition. The delay has satisfactorily explained in the Affidavit in support. However, permission to file the Written Statement is granted in terms of prayer clauses (a) and (b), subject to the payment of costs quantified at Rs.5000/-, which shall be paid within a period of two weeks and shall be a condition precedent. Upon payment of costs, the Defendant Nos. 1A to 1C shall be at liberty to file their Written Statement on or before 13th October, 2009 and the suit shall be listed for framing issues on 10th of November, 2009. The Chamber Summons is accordingly disposed of. (Dr. D.Y.Chandrachud, J)