1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2866 OF 2008 IN SUIT NO.216 OPF 2005 Ashok Narhari Gore ..Plaintiff V/s M/s.Reliance Infocom Ltd. & ors ..Defendants Mr.N.P.Narayan Swamy i/b.M/s.Shroff & Co., Advocate, for the plaintiff Mr.Vijay B. Kanoria,Advocate, for the defendant Nos.3 to 5 CORAM : R.M.SAVANT, J. DATE : 21ST NOVEMBER, 2008 P.C. . By the above Notice of Motion, the applicants, who are the defendant Nos.3 to 5 to the suit pray that delay in filing the Written Statement be condoned and the Written Statement filed by them be taken on record. 2. It is the case of the applicants that they have been made parties to the suit pursuant to the Chamber Summons filed by them 2 which came to be allowed. They were impleaded as party defendant Nos.3, 4 and 5. The Chamber Summons had appeared on 10th April, 2006 before His Lordship Mr.Justice S.C.Dharmadhikari on which day the learned single Judge directed the parties to file Written Statement within a period of six weeks from date. It is the case of the defendants that they were not aware of the said order dated 10th April, 2006 as same was not communicated to them by the plaintiff. This has resulted in there being some delay in filing the Written Statement. 3. In my view, the reasons cited by the defendants deserve acceptance, may be the blame sought to be put on the plaintiff or his advocate is misfounded. In that view of the matter, the Notice of Motion is required to be allowed and is accordingly made absolute in terms of prayer clauses (a) & (b). The defendants to pay costs of Rs.1000/- to the Maharashtra Legal Services Authority within a period of four weeks from date. (R.M.SAVANT, J.) 3