1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.955 OF 2011 IN SUIT NO.1058 OF 2009 M.M.Dave Plaintiff versus Prakash Automobiles and another Defendants Mr.P.G.Vora for plaintiff. Mr.K.H.Holambe Patil for defendant nos.1 and 2. CORAM : S.J.KATHAWALLA, J. DATE : 28th April 2011 PC : 1. By this Notice of Motion the defendants seek condonation of delay of 229 days in filing the written statement and further seek recall of the order dated 23rd September 2010 passed by the Prothonotary & Senior Master transferring the suit to the list of undefended suits. For the reasons stated in the affidavit in support of the Notice of Motion, the Notice of Motion is allowed in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.5,000/- as condition precedent. Learned advocate for the defendants undertake to file the written statement on or before 2nd May 2011. Stand over for directions on 4th May 2011. (S.J.KATHAWALLA, J.)