1 abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1609 OF 2009 IN SUIT NO. 2883 OF 1985 Prabhakar M. Shetty .. Plaintiff V/s Sushila Parshuram Patil & Ors. .. Defendants Ms. A.V. Thakkar i/b Purnanand & Co. for the plaintiff. Mr. Arshad Hindaday for the defendants, in support. CORAM : D.G. KARNIK, J. DATE : 6TH JULY 2009 P.C. : 1. Heard the learned counsel for the parties. 2. This motion is taken out by the defendants for setting aside the order dated 6th April 2009 by which the suit was directed to be proceeded exparte against the defendants. 3. The motion is seriously opposed by the learned counsel for the plaintiff. She submits that no sufficient cause has been made out explaining 2 the absence of the defendants on 6th April 2009 and even the act of not filing the vakalatnama as permitted by the order dated 13th March 2009. 4. I am not satisfied with the explanation offered in the affidavit. There appears to be gross negligence on the part of the defendants in not filing the vakalatnama, the written statement and even for not appearing on 6th April 2009. However, by way of an indulgence and in order to meet the ends of justice, I am inclined to set aside the order subject to payment of exemplary costs. 5. In the circumstances, the motion is allowed and the order dated 6th April 2009 is set aside subject to payment of costs of Rs.10,000/- within 2 weeks as a condition precedent, failing which the motion shall stand dismissed without further reference to the Court. On deposit of the costs, the defendants are permitted to file written statement in 4 weeks. (D.G. KARNIK, J.)