IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.559 of 2009. NOTICE OF MOTION NO.559 of 2009. NOTICE OF MOTION NO.559 of 2009. IN IN IN SUMMARY SUIT NO.927 of 2006. SUMMARY SUIT NO.927 of 2006. SUMMARY SUIT NO.927 of 2006. M/s. Hamon Tharmopack Engineers Pvt. Ltd. ..Plaintiff versus ARB Limited ..Defendants None for the plaintiff. Mr.Saraf i/b. Y.N. Adhia for the defendants. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. CORAM : R.Y.GANOO, J. DATED : 16th March, 2009. DATED : 16th March, 2009. DATED : 16th March, 2009. P.C. 1. This motion is taken out so as to have delay of four months in filing the written statement condoned. Perused the last roznama. Advocate for the plaintiffs know that this motion is adjourned to today for final hearing. Plaintiffs have remained absent. 2. Defendants were directed to file written statement within four weeks from 30.8.2008 i.e. the date of the order by which summons for judgment was disposed of. The defendants have come out with explanation at paragraph 5 onwards and the learned attorney for the defendants waited to have a copy -2- of the order and then take steps. Some kind of explanation has been offered. Infact, when the learned attorney was present before the Court on 30.8.2008 he should have been aware of the exact order which was passed as the said order is dictated in open court. He should not have waited for the copy of the order. The explanation could have been little different then what has been stated. Be that as it may. Even taking into consideration the delay of four months, I am inclined to take lenient view in the matter and grant opportunity to the defendants to file written statement. Hence the order. ORDER . Motion is made absolute in terms of prayer clause (a). . There shall be no order as to costs. . Learned Counsel Mr. Saraf says that his client shall file the written statement in the office within two days. . Defendants are directed to file written -3- statement in the Office on or before 19.3.2009. . Motion stands disposed of. Suit to come up in usual course. (R.Y.Ganoo, J.) (R.Y.Ganoo, J.) (R.Y.Ganoo, J.)