IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4182 OF 2009 IN SUIT NO. 3222 OF 1988 The Board of Trustees of the Port of Bombay ..Plaintiffs Vs. M/s. Aggarwal Knit Wears and Anr. ...Defendants ----- Mr.Kartik Tiwari a/w. Ms. Preeti Shah a/w. Mr. Parag Khandhar i/b. Mulla and Mulla for the Plaintiffs Ms. Shikha Goenka i/b. V.K. Ramabhadran for Defendant No.2 Ms. Azmin Irani i/b. Vimadalal and Co. for Defendant No.4 ----- CORAM: V.M. KANADE J. DATED: 9TH FEBRUARY, 2010 P.C. 1. Heard the learned Counsel appearing on behalf of the Defendants. 2. The Defendant No.2 has taken out this Notice of Motion seeking leave of this Court to take on record the written statement dated 3rd February, 1993. It is submitted that the Defendants had affirmed the written statement on 3rd February, 1993 and copy of the written statement was also served on the Plaintiffs. However, inadvertently, on account of the mistake of the clerk working in the Defendants's officer, the said written statement could not be tendered in this Court. 3. In view of this matter, Notice of Motion is allowed. The Defendant No.2 is permitted to file written Statement. Written Statement is taken on record. Notice of Motion is disposed of. (V.M. KANADE J.)