1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1223 OF 2007 IN SUIT NO.855 OF 2001 Saga Department Stores Ltd .. Plaintiff -versus Falak Home Developers Pvt.Ltd. .. Mr. Nirenjen B Amin i/b B Amin & Co. for the plaintiff Yusuf Shaikh & Rahul Pujari i/b S. Mohmmedbhai & Co. for the defendants. CORAM: R. G. KETKAR, J. DATED: 27th August, 2009. P.C. 1. This Motion is taken out by the plaintiff for passing judgment in its favour for want of written statement on the part of defendant. 2. The defendant taken up Notice of Motion No.1303 of 2008 for condonation of delay in filing written statement. By order dated 13th August, 2008, said Notice of Motion 2 was made absolute and it is common ground between the counsel and parties that written statement is already taken on record. In view of this, this Notice of Motion has become infructuous. Hence Notice of Motion has been dismissed as infructuous. 3. In so far as Notice of Motion No.2017 of 2009 is concerned it is submitted that the said Motion is taken up for hearing on 2.9.2009 before Hon’ble Mr Justice V.M. Kanade. In view of this, hearing of Motion No.2017 of 2009 is deferred till 2.9.2009. 4. There is one more Motion being Notice of Motion No.3081 of 2009 between the same parties. It is desirable that Notice of Motion No.3081 of 2009, be heard alongwith Notice of Motion No.2017 of 2009. both the Motions may be listed on 2.9.2009. (R.G. KETKAR, J)