: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4285 OF 2006 NOTICE OF MOTION NO.4285 OF 2006 NOTICE OF MOTION NO.4285 OF 2006 IN IN IN SUIT NO.3501 OF 1986 SUIT NO.3501 OF 1986 SUIT NO.3501 OF 1986 Navnitlal Amrutlal Kanani & Anr. .. Plaintiffs. Versus Hasmukh Chandulal Parikh & Ors. .. Defendants. Mr.M.A.Shah for plaintiffs. Mr.Kirit Mody i/b.Panchmatia & Co. for defendant Nos.1 and 2 in support of notice of motion. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATE : 8th October, 2008. DATE : 8th October, 2008. DATE : 8th October, 2008. P.C. :- P.C. :- P.C. :- 1. Not on Board. Taken on Board. 2. This motion is taken out by defendant Nos.1 and 2 so as to seek condonation of delay in filing written statement and for taking written statement on record. 3. I have perused the affidavit in support of the notice of motion and it goes to show that certain appellate proceedings were pending in regard to notice of motion taken out by plaintiffs and cancellation of signed : 2 : consent terms and motion was taken out for recording compromise in terms of said consent terms. A perusal of the affidavit in support of the motion goes to show that the defendants at a relevant time, felt that there is no need to file written statement when the matter is pending in the appellate court in the face of the compromise which is said to have been entered into between the parties. It is true that the written statement is said to have been affirmed in the year 2004 and this motion is taken out in the year 2006. There is a delay of about 2 years and the same does not appear to have been properly explained in the affidavit in support. However, keeping in view the fact that the appeal is pending as well as the motion taken out for recording of terms before the appellate court, I am inclined to take a lenient view and permit the defendants to file written statement on defendants paying costs quantified at Rs.3,000/-. Hence the order :- O R D E R O R D E R O R D E R i) Motion is made absolute in terms of prayer clauses (a) and (b). ii) Defendant Nos.1 and 2 to pay to plaintiffs : 3 : quantified costs of Rs.3,000/-. iii) Learned Advocate Mr.Mody files written statement. Same is taken on record. Mr.Mody undertakes to this court that the costs shall be paid on or before 22.10.2008. (R.Y. GANOO,J.) (R.Y. GANOO,J.) (R.Y. GANOO,J.)