1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4469 OF 2006 IN SUIT NO.3384 OF 1988 Mrs.Santosh Jugal Kishore Gupta and Anr. .. Plaintiffs Versus Rebecca Nissim Samuel & Anr. .. Defendants Mr.P.Gunwani i/b. M.Gandhi & Co. for plaintiffs Mr.A.Joshi i/b. M/s.Mulla & Mulla for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 14th October 2008 P.C. . Heard Mr.Gunwani appearing in support of the motion and Mr.Joshi instructed by M/s.Mulla & Mulla. 2. Perused the motion and affidavit in support. For the reasons set out therein and since the written statement is now affirmed, delay in filing written statement is condoned. 2 In the peculiar facts of this case and since writ of summons was not served upon the defendant No.1 that, there will be no orders as to costs. Motion is made absolute in terms of prayer clauses (a) and (b). W.S. be taken on record. (S.C.Dharmadhikari, J)