mst FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.537 OF 2009 IN SUIT NO.5149 OF 1994 Vijay Textile Plaintiff versus M/s.HEMCO Defendant Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms.A.B.Kapadia i/by Ms.Daphtary Ferrire for plaintiff. Ms.M.S.Shah i/by M/s.Shantilal & Co. for defendant. CORAM : S.J.KATHAWALLA, J. DATE : 9th February 2011 1. By this Notice of Motion the defendant seeks condonation of delay of five years and six months in filing the written statement of the defendant and to allow the defendant to file its written statement. By consent of the parties, the Notice of Motion is allowed in terms of prayer clauses (a) and (b). However, the defendant shall pay costs of Rs.10,000/- (Rs.Ten thousand only) to the plaintiff within one week from today. Payment of costs is condition precedent. (S.J.KATHAWALLA, J.)