1 CHS1387.08 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. CHAMBER SUMMONS NO. 1387 OF 2008 IN SUIT NO. 1211 OF 2001 Sabha Narayan Singh ... Plaintiff v/s Dr.Jagadish Kedarnath Rai ... Defendant Mr.Virendra Kanojia for the defendant in support. Mr.Clive D’Souza for the plaintiff to show cause. CORAM: R.M.SAVANT, J. DATED: 7TH APRIL, 2011 P.C.: 1. By the above chamber summons, the defendant seeks condonation of delay of seven years in filing the written statement and consequentially seeks that the written statement be taken on record. The reason why the written statement could not be filed has been mentioned in paragraph 4 of the affidavit in support. It is accepted by the defendant that though the writ of summons was served in or around April-May, 2001, he came to know about the non- 2 CHS1387.08 filing of the written statement only when he checked the status of the suit on the inter-net site of the High Court. It was disclosed that the suit has been shown in the list of undefended suits. The defendant states that he has acquired knowledge only on 1.10.2007 after which the present chamber summons has been filed in the year 2008. 2. In my view, though there is negligence on the part of the defendant in not filing the written statement, as the suit has not progressed being beyond shown in the category of undefended suits, interest of justice would be served if the delay in filing the written statement is condoned and the written statement is taken on record. The interest of justice would also require that the defendant pays costs of Rs.5,000/- to the plaintiff to be paid within two weeks from date. It is only upon the payment of such costs that the written statement of the defendant would be taken on record. If such costs are not paid as directed by this Court, the benefit of this order would not enure to the defendant and resultantly the above chamber summons would be deemed to have been dismissed. (R.M.SAVANT, J.) 3 CHS1387.08 4 CHS1387.08