IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1608 OF 2007 IN SUIT NO.588 OF 1990 Bank of Baroda ..Plaintiffs Versus M/s.Osaka Plastic Industries & ors..Defendants ---- Ms.Sauniya Shrikrishna i/by Kanga & Co. for plaintiffs. Mr.H.H.Trivedi for defendant nos.1 & 2. ---- Coram : A.M.KHANWILKAR,J Coram : A.M.KHANWILKAR,J Coram : A.M.KHANWILKAR,J Date : 5th September,2007 PC 1. Counsel for the plaintiffs in all fairness submits on instructions that the proof regarding service of writ of summons is not available either in the record or with the plaintiffs. If it is so, the explanation offerred by the defendants will have to be accepted. In the circumstances, Notice of Motion is made absolute in terms of prayer clause-(a). Order accordingly. 2. Counsel for defendant nos.1 & 2 in all fairness states that if this Court has shown indulgence for taking the written statement on record, the defendants have waived service of writ of summons. : 2 : That statement is accepted. Motion is disposed off on the above terms. Suit be placed on 17.9.2007 under the caption "For framing issues". Counsel for defendant nos.1 & 2 assures that written statement will be filed in the office by tomorrow. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)