1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1657 OF 2008 IN SUIT NO.3228 OF 1997 Farookh Pudam Mistree & Anr. .. Plaintiffs versus Ruzbeh Cherag Mistree & Ors. .. Defendants Ms.Manali Patwardhan i/by Soloman & Co for the plaintiffs. Mr.Ajay Khaire i/by M.S.Bodhanwalla & Co for defendant No.1. Mr.Vaibhav Sugdare i/by L.D.Shah & Co for defendant No.5. CORAM : A.S.OKA, J. DATE : 1st December 2009. P.C: . Heard learned counsel appearing for the 5th defendant in support of the chamber summons. The learned counsel appearing for the plaintiffs has opposed the chamber summons. The prayer in the chamber summons is for condonation of delay of 3620 days in filing the written statement. The learned counsel appearing for the 5th defendant submitted that subject to payment of reasonable costs the chamber summons may be made absolute. 2. In view of averments made in the affidavit in support, the chamber summons is made absolute in terms of prayer clause (a) subject to 5th defendant paying costs of Rs.10,000/- to the plaintiff within a period of four weeks from today. The payment of costs will be a condition precedent. (A.S.OKA,J)