1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.1850 OF 2007 IN SUIT NO.2761 OF 1996 Albright Morarji & Pandit Ltd. ...Plaintiff. Vs. Messrs Special Chemicals & Ors. ...Defendants. .... Mr. Tushar Bhavsar i/b. Crawford Bayley & Co. for the Plaintiff. Mr. S.G. Bhandary i/b. Bhandary & Bhandary for the Defendant. ..... CORAM :DR.D.Y.CHANDRACHUD, J. January 9, 2008. P.C.: By consent the Chamber Summons is taken up for hearing since the suit is on Board. The Chamber Summons is for taking the Written Statement of the Defendant on record by setting aside the order of the Prothonotary & Senior Master, dated 4th July 2007. No Written Statement has been filed in a suit which was instituted in July 1996. The writ of Summons was served in 1996. In the affidavit in support of the Chamber Summons, it has been stated that the sole proprietor of the First Defendant had to leave Pune and reside in Udaipur to look after his business there. In these circumstances, it 2 has been stated that the correspondence which was addressed to him by his Advocate was not received by him. In my view, while an opportunity should be granted in the interests of justice to the Defendant to contest the suit by filing a Written Statement, it should be subject to costs. The Chamber Summons is made absolute in terms of prayer clauses (a) and (b), subject to the payment of costs, quantified at Rs.15,000/- which shall be a condition precedent. Costs to be paid within a period of two weeks from today. In the event that the costs are deposited, the suit shall be placed on Board for framing issues on 30th January 2008. ......