1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2282 OF 2009 IN SUIT NO. 4608 OF 1998 Pushparaj Karunakar Shetty & Ors. ..Plaintiffs versus Hausila Prasad s/o. Ganeshprasad Pandey & Ors. ..Defendants Mr. V. G. Mehta for Plaintiffs. Mr. Dhananjay Shukla i/b. M. U. Pandey for Defendants. CORAM : DR. D. Y. CHANDRACHUD , J. DATED : 7TH JULY, 2009. P.C. : 1. The Notice of Motion has been taken out for allowing the Defendants to file a written statement. In the Affidavit in Support it has been stated that the written statement was prepared and affirmed much prior to 4.5.09 when an order was passed for placing the suit on board as an undefended suit. It has also been stated that on 4.5.09 the Advocate was out of Mumbai for a personal reason. In my view, the interests of justice require that the Defendants should not be deprived of an opportunity of contesting the suit by filing a written statement. This however should be subject to payment of 2 costs. 2. In the circumstances, the Notice of Motion is made absolute in terms of prayer clauses (a), (b) and (c) subject to the payment of costs quantified at Rs.3,000/- (Rupees Three Thousand), which shall be a condition precedent. Costs shall be paid on or before 21st July, 2009. In the event the costs are paid the written statement shall be filed on or before 11th August 2009 and the suit shall be placed on board for framing issues on 18th August 2009. In the event that there is default in payment of costs as stipulated, the Plaintiffs would be at liberty to move the Court for placing the suit on board for an exparte decree. (DR. D. Y. CHANDRACHUD, J.)