1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2509 OF 2009 IN SUIT NO. 3225 OF 2006 Mohanlal Bhoorji Solanki ...Plaintiff. Vs. Ganesh Atmaram Puranik ...Defendant. .... Ms.Krupa Kashid i/by S.K.Jain for the Plaintiff. Mr.Sachin M. Bandkar for the Defendant. .... CORAM :- ANOOP V. MOHTA, J. DATED :- 23rd November, 2009. P.C.- 1. The defendant has taken out this motion to condone delay of 320 days and to set aside the ex-parte decree dated 30th August 2009, passed in the suit No. 3225 of 2006. The learned counsel appearing for the plaintiff has opposed the same by citing authorities in support of her contention that there is no sufficient cause merely because of mistake or negligence on the part of advocate and that itself cannot be the reason for accepting the case of the plaintiff. 2. In the present case, apart from averments made in the affidavit-in- support of the motion, there is an additional affidavit filed by the defendant also. The contentions/averments so raised in those two 2 affidavits, in my view, are sufficient to consider the case of defendant/applicant. There is no question of overlooking the fact and the aspect that the defendant/applicant should not be suffered because of such circumstances. No one is benefited in such type of litigations by not attending the suit/proceedings. The issue is, as to whether the Court can exercise discretion in condoning the delay in such matters. I am inclined to exercise the discretion in condoning the delay in view of the averments so referred and also for the fact that the defendants in pursuance to the order passed by this Court, dated 20th August 2009 deposited Rs.2,00,000/- in the Court to show his bonafide. The suit is for recovery of the furniture work done, but not fully paid by the defendant. Therefore, considering all above facts, I am inclined to grant this motion in favour of the defendant as a case out. 4. The motion is accordingly allowed in terms of prayer clauses (a), (b) and (c). 5. The suit is expedited, however, subject to cost of Rs.2,000/- to be deposited on or before two weeks. The defendant to file written statements within four weeks. (ANOOP V. MOHTA, J.)