: 1 : rpa IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.4532 OF 2007 OF MOTION NO.4532 OF 2007 OF MOTION NO.4532 OF 2007 IN IN IN SUIT SUIT SUIT NO. 2994 OF 2003 NO. 2994 OF 2003 NO. 2994 OF 2003 The Board of Trustees of The . Port of Mumbai. .. Plaintiffs. Vs. Zulash Clearing And Shipping Agency. .. Defendants. Mr.Kaniz Monjjaee i/b.M/s.Motiwala & Co. for the Plaintiffs. Mr.Pankaj Sutar i/b.M/s.Khaitan & Jayakar for the Defendants. CORAM CORAM CORAM : A.A.SAYED, J. : A.A.SAYED, J. : A.A.SAYED, J. DATED DATED DATED : 11th JANUARY,2008 : 11th JANUARY,2008 : 11th JANUARY,2008 P.C. P.C. P.C. . This Notice of Motion has been taken out by the Defendants to condone the delay and to allow them to file Written Statement in the suit and to set aside the order passed by The Commissioner for Taking Accounts dated 18th October, 2007. No reply has filed opposing the said Notice of Motion. The learned counsel for the Defendants further submits the Defendants have no objection if the prayers in the Notice of Motion are granted. Hence, I pass the following order: : 2 : :: :: :: O R D E R :: O R D E R :: O R D E R :: 1. The Notice of Motion is made absolute in terms of prayer clauses (a) and (b) which read as under : a) That Order passed by The Commissioner Taking Account Mr.G.T.Mestha dated 18th October, 2007 be quashed and set aside. b) That the defendants be permitted to file and take on record their Written Statement to defend the said suit. 2. Written Statement to be filed within three weeks. 3. Notice of Motion stands disposed of. (A.A.SAYED, (A.A.SAYED, (A.A.SAYED, J.) J.) J.)