acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1071 OF 2009 IN SUIT NO. 959 OF 2007 Jairaj Alias Sunil J. Nathwani & Anr. ....Plaintiffs V/s. Smt. Arti Selvaraj & Ors. ....Defendant -- Mr.Hiralal thakkar, Sr. Counsel with Mr. Shailesh Shah, Ms. J.Sidhwa and Mr.Vinod Solanki, Mrs. Anita Acharya, Ms. Shilpa Baria, Ms. K. Shinde i/b M/s Tijoriwala & Co., for the Plaintiffs. Mr.Abhishek Khare i/b Amit Karkhanis, for Defendant nos.1 to 5 --- CORAM : S.J. VAZIFDAR, J. DATED : 7TH AUGUST, 2009. P.C. :- 1. The Chamber Summons is taken out by Defendant nos. 1 to 5 to have their written statements taken on record. It is not necessary to consider the disputes between the parties regarding the circumstances in and the reasons for which written statements were not filed on time in view of what transpired. However, in view of what has transpired further, it is not necessary for Defendant nos.1 to 5 to implead the Advocate’s : 2 : clerk as a party to the Chamber Summons. 2. In the circumstances, with the consent of the parties the written statement/s of Defendant nos.1 to 5 shall be taken on record, if filed on or before 14.08.2009. This order, however, is conditional upon Defendant nos.1 to 5 and each of them complying with the order which has been passed today in Notice of Motion No.1299 of 2007 . 3. It is, however, clarified that in the event of Defendant nos.1 to 5 or any of them not handing over possession of the suit flat to the Court Receiver as directed in the Notice of Motion, the written statements which may be filed on or before 14.08.2009, shall be deemed not to have been filed or permitted to have been filed, and the matter shall proceed on the basis that no written statement is filed. 4. The learned counsel appearing on behalf of Defendant nos.1 to 5 states that even after the written statement is filed, they do not desire to further cross examine the witness who is already examined on behalf of the Plaintiff. 5. The aforesaid order is passed with the consent of the parties. The Chamber Summons is accordingly disposed of.