1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.307 OF 2009 IN SUIT NO.684 OF 1984 Tata Exports Ltd. .. Plaintiff Versus MBA Enterprises & Ors. .. Defendants Mr.R.P.Gurjar i/b. Khaitan & Jayakar for plaintiff Mr.Dushyant Purekar i/b. Federal & Rashmikant for defendants. CORAM : S.C.DHARMADHIKARI, J. DATE : 3rd March 2009. P.C. . This is a notice of motion seeking condonation of delay in filing written statement to the counter claim. The motion is by the original plaintiff to the suit and defendant to the counter claim. It is vehemently contended by the learned Counsel for original defendants and plaintiffs to the Counter claim that there is no 2 explanation for the delay. The written statement and counter claim was filed in the year 1986 whereas the reply is sought to be placed on record in 2009. The delay of 22 years and 190 days has not been explained much less, satisfactorily. 2. From a perusal of this motion and affidavit, it is apparent that the suit has been filed by the plaintiffs in the year 1984. The written statement and counter claim is placed on record in the year 1986. However, there is no written statement to the counter claim on behalf of plaintiffs to the suit. Although, the affidavit does not set out the version which could be termed as satisfactory and sufficient for the delay, yet, there is discretion in the court to condone the delay, if it is found that the claim is being proceeded with in right earnest and bonafide. Plaintiffs have now engaged another Advocate who has assured the 3 Court that prompt steps will be taken to proceed with the suit and counter claim. It is in facts peculiar to this case that the delay is condoned. Notice of motion is made absolute in terms of prayer clause (a) subject to the plaintiffs to the suit and defendants to the counter claim paying cost quantified at Rs.15,000/- to the defendants to the suit and plaintiffs to the counter claim. Cost to be paid within three weeks from today. If the costs are tendered within three weeks from today, reply/ written statement to the counter claim be taken on record. Costs to be paid to defendant’s Advocate. Place the suit for framing issues on 30th March 2009. (S.C.Dharmadhikari, J)