: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 CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE APPEAL FROM ORDER NO.192 OF 2008 APPEAL FROM ORDER NO.192 OF 2008 APPEAL FROM ORDER NO.192 OF 2008 WITH WITH WITH CIVIL APPLICATION NO.232 OF 2008 CIVIL APPLICATION NO.232 OF 2008 CIVIL APPLICATION NO.232 OF 2008 The Transmission Corporation of Andhra Pradesh Ltd. ...Appellant. v. IMP Power Ltd. & Ors. ...Respondents. Mr. Walawalkar a/w V.Z.Amin i/by M/s.Amin & Co., advs. for the Appellant. Mr.Mahesh Londhe i/by Sanjay Udeshi & Co. , adv. for the Respondent No.1. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 4th March, 2008. DATE: 4th March, 2008. DATE: 4th March, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the Parties. 2. This appeal is filed by the original defendant no.3 against rejection of notice of motion taken out by the defendant no.3 seeking permission to file written statement. The learned counsel for the parties inform that the plaintiff has also taken out notice of motion for interim reliefs and that notice of motion itself is pending and the suit is not at the stage of final hearing. Taking into consideration these circumstances, in the interest of justice, appeal is allowed. Impugned order is hereby set aside and subject to the payment of cost of Rs.5,000/- to the plaintiff within two weeks :2: from this day, the written statement of the defendant no.3 be accepted on the next date. 3. As the appeal itself is disposed off, civil application does not survive and stands disposed off accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)