1 chs796-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION rpa CHAMBER SUMMONS NO. 796 OF 2009 IN SUIT NO. 4182 OF 1997 Hi-Tek Engineers .. Plaintiffs v/s. Kirti Manor Properties & Hotels Pvt. Ltd. .. Defendants .... Mr. V. K. Damle for the plaintiffs. Ms. Anita Castelino i/b. Mr. S. M. Kazi for the defendants. .... CORAM : R. S. MOHITE, J. DATE : JULY 26, 2010. P.C. This is a chamber summons for setting aside the order dated 7th December, 2005, transferring the suit to the list of Undefended Suit. 2. It is seen that though the suit is filed in the year 1997, admittedly, the summons to answer the plaint was served upon the defendants in October 2005. 3. The case of the defendants is that even before their 2 chs796-09 advocate could file their appearance, the matter appeared on the board before the Prothonotary and Senior Master, and the suit came to be transferred to the List of Undefended Suit. It is their case that their advocate was not aware of the said order. The Written Statement was prepared and filed in the year 2009. Taking into account these facts, I am inclined to allow the chamber summons in terms of prayer clauses (a) and (b), subject to heavy costs. 4. The chamber summons is allowed subject to payment of costs of Rs. 10,000/-, which would be paid to the plaintiffs, through their advocate, within a period of four weeks from today. The payment of costs is condition precedent, and if the costs are not paid within four weeks as aforesaid, this chamber summons will be treated as dismissed. 5. The chamber summons is, accordingly, disposed of. On payment of costs of Rs. 10,000/-, the Written Statement, which is sought to be filed, will be treated as taken on record. [ R.S. MOHITE, J. ]