1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1901 OF 2009 IN SUIT NO.1155 OF 1997 Shree Siddhivinayak Ganpati Temple Trust & Ors. .. Plaintiffs versus M/s.Metal Coats .. Defendants Mr.Mayur Khandeparkar i/by M/s.Kanga & Co for the plaintiff No.1. Mr.Anirudha Joshi for the defendants. CORAM : R.S.MOHITE, J. DATE : 14th June 2010. P.C.: . This is a notice of motion taken out by the original defendant for filing written statement. The suit was filed on 27th January 1997. As the written statement was not filed, by order dated 29th January 2004 matter was transferred to the list of “undefended suits”. It is mentioned in the affidavit in support that on 29th January 2004 the matter was missed from board and thereafter the written statement was prepared in March 2004 and kept ready on 1st April 2004. The matter thereafter appeared on board on 27th April 2009 and was adjourned to 12th June 2009. The defendant was advised that due to objection of the plaintiffs it is necessary to take out present notice of motion. Though there is gross delay in filing application, in my view, the defendant should not suffer due to any default on the part of his advocate. The written statement appears 2 to have been affirmed on 1st April 2004. In this view I am inclined to allow notice of motion subject to heavy costs. Notice of motion is therefore allowed in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.20,000/- which should be paid to the plaintiff through his advocate within a period of three weeks from today. 2. Both the parties are directed to file their original documents and affidavit in support of documents within a period of four weeks from today. The parties are also directed to prepare draft issues. The main suit be listed for compliance of the aforesaid directions and for framing of issues on 14th July 2010. The written statement be filed in the office within a period of one week from today. (R.S.MOHITE, J)