:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 1941 OF 2008 OF MOTION NO. 1941 OF 2008 OF MOTION NO. 1941 OF 2008 IN IN IN SUIT SUIT SUIT NO. 4048 OF NO. 4048 OF NO. 4048 OF 1998 1998 1998 Selvel Publicity and Consultant Pvt.Ltd. ... Plaintiff. V/s. Bombay Cricket Association. ... Defendants. Ms. Neeta Solanki i/b. Kiran Jain for the Plaintiff. Mr. C. Balsara i/b. Warerkar & Warerkar for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 29TH 29TH 29TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . Perused the Motion and the affidavit filed in support and reply. 2. The Defendants prays for an order and directions permitting them to defend the Suit. The Prothonotary has declined that the permission to defend the Suit on the ground that the written statement was not filed within the time stipulated by law. 3. There are reasons set out in the affidavit in support and undisputed position appears to be that the Defendant facing other proceedings in this Court. In the light of the confusion that arose and lack of :2: communication that the Prothonotary could not be informed that the written statement would be duly filed. 4. There is a delay in moving this Motion but it does not appear to me as contended by the learned Counsel appearing for the Plaintiffs that it is intentional. This is not a case of lack of negligence for want of bonafides but a mistake for which the Defendants should not suffer. 5. The Notice of Motion is made absolute in terms of prayer clauses (a) and (b), subject to the Defendants filing their written statement within four weeks from today and paying costs quantified at Rs.7,500/- to the Plaintiffs. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)