1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2987 OF 2009 IN SUIT NO.656 OF 1989 Jimmy Ratanji Nazir & Anr. .. Plaintiff Versus Framroze Apartments Pvt.Ltd. & Ors. .. Defendants Ms.Achita Singh with Nidhi Singh i/b. Dunmorr Sett for plaintiff Mr.U.J.Makhija with Amin Kherada for defendant Nos. 1 to 3 CORAM : S.C.DHARMADHIKARI, J. DATE : 29th August 2009. P.C.: 1] Heard Mr.Makhija for defendant Nos. 1 to 3 in support. Notice of motion is moved to condone the delay in filing the additional written statement. Mr.Makhija submits that the plaint was allowed to be amended on 26th April 2005. Thereafter, directions were given to file affidavit of documents and evidence. Even the issues have been framed. Inviting my attention to the order dated 28th July 2009, Mr.Makhija submits that there will be no prejudice if the additional written statement 2 is taken on file. The additional written statement is necessitated only because of the amendment to the plaint. It is only amended pleas which have been dealt with and there is no prejudice inasmuch as neither the recording of evidence has commenced nor any admissions in the pleadings are sought to be resiled from. In such circumstances and finding that there is no reply affidavit to this motion, so also no prejudice will be caused if the additional written statement is taken on record, the notice of motion is made absolute in terms of prayer clauses (a) and (b). Additional written statement is taken on file. No orders as to costs. (S.C.Dharmadhikari, J) SUIT NO.7 OF 2004 Standard Chartered Bank .. Plaintiffs Versus Framroze Court Apartments Pvt.Ltd. & Ors. .. Defendants WITH SUIT NO.588 OF 1989 Kity S. Merchant .. Plaintiff Versus Framroze Apartments Pvt.Ltd. .. Defendant 3 Ms.Achita Singh with Nidhi Singh i/b. Dunmorr Sett for plaintiff Mr.U.J.Makhija with Amin Kherada for defendant Nos. 1 to 3 CORAM : S.C.DHARMADHIKARI, J. DATE : 29th August 2009. P.C.: 1] Let these suits along with Suit No.656 of 1989 appear on board for directions after two weeks. It is clarified that on that date issues will be framed in Suit No.7 of 2004 and Suit No.588 of 1989 if the same are not framed already. Further directions will also be issued with regard to recording of evidence. Written statement of Defendant Nos. 1 to 3 in Suit No.7 of 2004 is taken on record. (S.C.DHARMADHIKARI, J)