1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.973 OF 2009 IN SUIT NO. 2135 OF 2001 Mr.Sandeep G. Raheja ...Plaintiff. Vs. Chandru L. Raheja & Ors. ...Defendants. Mr. Mayur Khandeparkar i/by Mr. K.D.Abichandani for the Plaintiff. Mr. Chirag Balsara i/by M/s. Negandhi Shah & Himayatullah for Defendant No.8- Applicant. Mr. Parvez Bapuna i/by M/s. Wadia Ghandy & Co. for Defendant No.1. Mr. Dhiraj Mhetre i/by M/s. Humranwala & Co. for Defendant No.5. Mr.Prashant M. Desai i/by M/s. Bilawala & Co. for Defendant No.7. CORAM :- ANOOP V. MOHTA, J. DATED :- 13TH JULY, 2009. P.C.- 1 Defendant No.8 has taken out this Chamber Summons and basically has challenged the order dated 22nd April, 2009 passed by the Prothonotary and Senior Master, High Court, Bombay as that resulted into transfer of the suit in the lists of Undefended Suits for other defendants. 2 Admittedly, by the same order the Written Statement of Defendant Nos. 2 and 6 are taken on record, as none appeared for Defendant No.8, 2 the impugned order was passed. 3 Admittedly, Defendant No.8 has been incorporated as a party and the basic relief sought that the purported mortgage of the concerned land in favour of Defendant No.8 is illegal and is liable to be set aside. This shows that the presence of Defendant No.8 is necessary for proper adjudication of the suit read with prayer clauses as made. 4 Having once accepted the written statement of Defendant Nos. 2 and 6 by an order dated 22nd April, 2009, I see there is no reason, one more opportunity should be given to Defendant No. 8 to file Written Statement in the interest of justice. 5 The submission that there are no sufficient reasons made out to condon the delay. In the present case, in view of the averments made, I am inclined to grant this Chamber Summons. 6 In the result, the Chamber Summons is allowed in terms of prayer clauses (a), (b) and (c). However, subject to costs of Rs.15,000/- (Rupees fifteen thousand only) to be paid to the Plaintiff on or before 20th July, 2009, is a condition precedent. The Written statement be filed within a period of one week. 7 No order as to costs. (ANOOP V. MOHTA, J.)