1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.149 OF 2007 IN SUIT NO.4485 OF 1999 M/s Godrej Foods Ltd and anr .. Plaintiffs -versus M/s Georgian Shipping Co. .. Defendant Mr V.S. Amin , for the plaintiff. Ms Sonali Shinde, i/b M/s Consulta Juris, for the defendants CORAM: R. G. KETKAR, J. DATED:18 th September, 2009. P.C. 1. This Notice of Motion is taken out by the defendant for setting aside the order dated November 30, 2006, passed by Prothonotary and Senior Master, transferring the suit to undefended suit as the defendant did not file written statement. In support of this Motion, affidavit of Mr. D. Rajan, Senior Manager of M/s South India Corporation (Agencies) ltd dated January 8, 2007, is made. Reply is filed on behalf of plaintiffs. 2. Considering the recitals set out in the affidavit of 2 Mr. D. Rajan, this Notice of Motion is made absolute in terms of prayer clauses (a), (b) and (c) with no order as to costs. 3. The defendant is permitted to file written statement within two weeks and shall furnish copy thereof to the plaintiffs. In case written statement is not filed within two weeks, the order dated November 30, 2007, passed by the Prothonotary and Senior Master, shall stand revived. 4. Notice of Motion stands disposed of with no order as to costs. (R.G. KETKAR, J)