1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2844 OF 2009 IN SUIT NO.2687 OF 1998 Jayesh H. Shah .. Plaintiff versus Oriental Insurance Co Ltd. .. Defendant Mr.V.K.Ramabhadran for the plaintiff. Ms.S.S.Dwivedi for the defendant. CORAM : A.S.OKA, J. DATE : 12th November 2009. P.C: . Heard learned counsel appearing for the defendant in support of the notice of motion. I have heard the learned counsel appearing for the plaintiff who has opposed the notice of motion. 2. The prayer in the notice of motion is for setting aside the order of Prothonotary and Senior Master by which the suit was transferred to the list of undefended suits. The learned counsel appearing for the defendants states that the written statement is ready and, if permitted, the same will be tendered immediately. 3. In view of assertions in the affidavit in support, notice of motion deserves to be made absolute. However, the defendant will have to pay costs quantified at Rs.5,000/-. Notice of motion is made absolute in terms of 2 prayer clauses (a) to (c). The defendant shall pay costs of Rs.5,000/- to the plaintiff within period of four weeks from today. 4. The written statement shall be taken on record, provided, it is tendered within a period of four weeks from today. (A.S.OKA,J)