1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. NOTICE OF MOTION 1580 OF 2008 IN SUIT NO.3542 OF 2006 Mrs. Shamima Amirali Mukadam & Anr. ...Plaintiffs. Versus The Oriental Insurance Co.Ltd. ...Defendants. ....... Mr. Ashish Kamath i/b. Kartikeya & Asso. for the Defendant in support. Mr. P.V. Havnoor i/b. H.H. Trivedi for the Plaintiffs. ...... CORAM : DR. D.Y. CHANDRACHUD, J. May 12, 2008. P.C.: The Motion has been instituted by the Defendant. Counsel appearing on behalf of the Defendant seeks leave of the Court to withdraw the Notice of Motion in so far as prayer clause (a) is concerned, with liberty reserved to institute a fresh application. Counsel appearing on behalf of the Plaintiffs does not oppose this request subject to the rights of the Plaintiffs being kept open to address appropriate submissions if a fresh application is taken out. Prayer clause (a) is not pressed. Leave is granted to the Defendant 2 to institute a fresh Notice of Motion. In so far as prayer clause (b) is concerned, the delay in filing a Written Statement has been satisfactorily explained in paragraph 9 of the affidavit in support. At the same time, permission may be granted to the Defendant to file a Written Statement subject to the payment of costs. The Notice of Motion is made absolute in terms of prayer clause (b) subject to the payment of costs quantified at Rs.5,000/- which shall be a condition precedent. Costs to be paid within one week from today. Subject to the verification that costs have been paid, the Registry shall accept the Written Statement on record. .....