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.3622 of 2007. NOTICE OF MOTION NO.3622 of 2007. NOTICE OF MOTION NO.3622 of 2007. IN IN IN SUIT NO.2520 of 1992. SUIT NO.2520 of 1992. SUIT NO.2520 of 1992. Godrej Soaps Limited ..Plaintiffs versus The Gowthami Solvent Oils Ltd. ..Defendants None for the plaintiffs. Mrs.S.P.Narsani i/b. M/s. Harshad & Co. for the defendants in support of Notice of Motion. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 17th January, 2009. DATED : 17th January, 2009. DATED : 17th January, 2009. P.C. 1. Affidavit of service is filed. Plaintiffs are served. Heard learned Advocate for the defendants. This motion is taken out for condonation of delay in filing written statement. Explanation given in the affidavit of support is written statement which was verified on 11.4.1995 remained to be filed. Reedeeming factor in favour of defendant No.1 is the written statment was engrossed in 1995. The plaintiffs, though served have not taken care to remain present and oppose the motion. In my view, equity can be balanced by directing the defendants to pay to plaintiffs cost of Rs.5000/- and then the motion can be allowed. -2- Hence the Order. ORDER . Motion is made absolute in terms of prayer clause (a). . So far as prayer clause (b) is concerned, defendant to pay cost of Rs.5000/- (Rupees Five Thousand Only) to the plaintiffs. . Cost to be deposited in the Court on or before 30.1.2009. . Suit set down for receiving written statement, to be filed in the Court on 4.2.2009. . On 4.2.2009, Counsel for the defendant shall produce a receipt of having deposited the cost in the Court and thereafter the written statement will be accepted. . If costs are not deposited, the written statement will not be accepted. Adjourned to 4.2.2009 for filing written statement. -3- . Prothonotary & Senior Master to act upon this Order duly authenticated by the Court Associate/ P.A. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)