1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1073 OF 2008 IN SUIT NO.3228 OF 1997 Farookh Pudam Mistree & Ors. .. Plaintiffs versus Roozbeh Cherag Mistree & Ors. .. Defendants Ms.Manali Patwardhan i/by Soloman & Co for the plaintiffs. Mr.Ajay Khaire i/by M.S.Bodhanwalla & Co for defendant No.1. Mr.Vaibhav Sugdare i/by L.D.Shah & Co for defendant No.5. CORAM : A.S.OKA, J. DATE : 1st December 2009. P.C: . Heard learned counsel appearing for the 1st defendant in support of the chamber summons. I have heard the learned counsel appearing for the plaintiffs who has opposed the chamber summons. The prayer in the chamber summons taken out by the 1st defendant is for condonation of delay of 3401 days in filing written statement. The said prayer is objected to by the learned counsel appearing for the plaintiffs. When this Court suggested to the learned counsel appearing for the 1st defendant that the said defendant will have to pay a reasonable amount by way of costs, the learned counsel appearing for the 1st defendant submits that due to unavailability of funds, the 1st defendant is unable to pay costs. 2 2. The affidavit in support of the chamber summons discloses that initially the 1st defendant had engaged services of M/s.Wadia Gandhi and Company, Solicitors in the present suit. Now, the 1st defendant has engaged services of another attorneys to file the chamber summons. It is sought to be contended that the 1st defendant is being helped by his well-wishers and friends. 3. The delay is of more than 3400 days. A litigant who can afford to engage services of two attorneys at two stages cannot be heard to say that he is not in a position to pay costs. The 1st defendant has shown reluctance to pay a reasonable amount by way of costs. 4. Considering the long delay of 3401 days and considering the conduct of the first defendant, the amount of costs is quantified at Rs.15,000/-. 5. Chamber summons is accordingly made absolute in terms of prayer clause (a) subject to 1st defendant paying costs of Rs.15,000/- to the plaintiffs within a period of four weeks from today. Payment of costs will be condition precedent. If compliance is not made, the chamber summons will stand dismissed. (A.S.OKA,J)