:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1116 OF 2008 NOTICE OF MOTION NO.1116 OF 2008 NOTICE OF MOTION NO.1116 OF 2008 in in in SUIT NO.3359 OF 1986 SUIT NO.3359 OF 1986 SUIT NO.3359 OF 1986 Nusli N.Wadia & Ors .. Plaintiffs Vs. Chaitya Janya Tokre & Ors .. Defendants Mr.S.B.Amin for Plaintiffs Mr.Satish Shah with Mr.Mahendra Rathod for Defendant no.2 Mr.A.C.Singh for Defendant no. 1 (a) Mr.Sanjay Jain i.b L.J.Law for Defendant nos. 3 (a) to 3 (c) and 4 (a) to 4 (f) Mr.S.R.Agarkar for Applicant in NM No.1116/08 and NM No.888/08 CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 10TH APRIL, 2008. DATED : 10TH APRIL, 2008. DATED : 10TH APRIL, 2008. P.C.: P.C.: P.C.: 1. Heard learned counsel for the parties. 2. Defendant no.6 has taken out this motion seeking condonation of delay in filing written statement and directions to the office to take the written statement on record of the suit. Learned counsel for the plaintiffs on instructions submits that the plaintiffs have no objection for making this motion absolute in terms of prayer clauses (a) and (b) subject to payment of costs. Mr.Satish Shah, learned counsel for defendant no.2 submits that if this motion is allowed, the rights of defendant no.2 from whom the Court Receiver in pursuance of the order in these proceedings had taken possession are likely to be affected. In my opinion, that cannot be a ground :2: :2: :2: for opposing the prayers in the motion. I do not find any reason for rejecting this motion. Hence, I pass the following order : "(i) Notice of motion is made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.10,000/- to the High Court Legal Services Committee by the defendant no. 6 within a period of two weeks from today. It is made clear that defendant no. 6 is allowed to file the written statement at this stage of the proceedings without prejudice to the rights of defendant no. 2 who is entitled to seek leave of this Court to file his additional pleadings, if permissible in law. (ii) It is open for defendant no. 2 to seek such leave after the defendant no.6 files her written statement in pursuance of this order. Motion is disposed of accordingly. . Matter to come up on board after two weeks under the caption "For framing of issues". :3: :3: :3: (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)