1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTIC OF MOTION NO. 335 OF 2009 IN SUIT NO. 711 OF 2007 Alka V. Kothari ...Plaintiff Vs. Structured Clothing Co. Pvt. Ltd. ...Defendants Mr.Anil Agarwal for Plaintiff Mr. Chirag Balara with Mr. M.S. Dehlvi i/b. Negandhi, Shah & Himayatullah for Defendants. CORAM: SMT.ROSHAN DALVI, J. DATED: 22 ND JANUARY, 2009 P.C. 1. This is the Defendants' Notice of Motion for condonation of delay in filing written statement. 2. The Defendants have been given unconditional leave to defend the Suit. The filing of the written statement has been ordered long back. The cause made out is that the Advocate sent the draft of the written statement to the Defendant, which the Defendant forgot to reply in view of his business schedule. 2 3. The Advocate has produced the draft written statement. The draft shows hardly any instructions called from the client. The draft shows the queries made upon the Defendant in the copy of the Advocate's draft itself. The Plaintiff's Advocate contends that the written statement is verbatim the affidavit in reply to the Summons for Judgment except paragraph 22, which requires only legal submissions. The Defendant's Advocate has shown that in the instructions the Advocate only asked the Defendant to confirm what was the case of the Defendant in the Summons for Judgment and what was shown to be the averments in the written statement, so that any false averments are not made. The Client has confirmed the same and hence, the same written statement has been engrossed and filed. The engrossment shows that the paragraph 22 has been altered. Hence, some draft was prepared. For want of the Defendant's instructions the queries, which were made to the Defendant remained at that for some time. 4. Though the written statement has been delayed for more than a year, the case on merits is required to be seen and tried. The Defendants shall be allowed to file the written statement upon payment of costs of Rs.3000/- to the Plaintiff. The costs shall be paid within 2 weeks. If costs are 3 not paid suit to be placed on board for Ex-parte decree. 5. The Notice of Motion is disposed off accordingly. (SMT. ROSHAN DALVI, J.)