1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3546 OF 2008 IN SUIT NO.483 OF 2005 Vikas Narayn Raikar : Plaintiff. Versus Mahila Samaj Vikas Kendra & ors. : Defendants. Ms.J.A.Sarkhot i/by R.V.Govilkar for the Defendant Nos.1 to 8 in support of the Notice of Motion. None for the Plaintiff though served. CORAM : R.M.SAVANT, J DATED : DECEMBER 01, 2008 P.C. 1. By the above Notice of Motion, the Applicants/Defendant Nos.1 and 2 seek the following reliefs :- a] That the delay of 65 days be kindly condoned; b] That order dated 24.06.2008 passed by the Learned Prothonotary & Senior Master, High 2 Court, Bombay transferring the aforesaid suit as undefended be quashed and set aside. C] The written statement of the Defendant Nos.1 and 2 be taken on record subject to such terms and conditions. 2] Heard the learned counsel for the Applicants/Defendants in support of the above Notice of Motion. The learned counsel for the Applicants/Defendants tenders affidavit of service dated 24th November 2008. The said Affidavit of Service is taken on record. None appears for the Plaintiff though served. 3] The reasons for non-filing of the written statement have been mentioned in paragraphs 5, 6, 7, 8 and 9 of the Affidavit in support of the Notice of Motion. The sum and substance of the reasons is that the colleague advocate Ms.J.A.Sarkhot of the advocate on record was unwell when the matter had appeared before the learned Prothonotary & Senior Master. A SMS was also sent by her to the advocate of the Applicants/Defendants and their Constituted Attorney. But the said SMS reached late and, therefore, 3 nobody had appeared before the Learned Prothonotary & Senior Master when the matter was called out on 24th June 2008 before the Learned Prothonotary & Senior Master, resultantly, the learned Prothonotary & Senior Master passed the impugned order directing that the suit to be proceeded with as an undefended suit. According to the Defendants the papers were not traceable and the Defendants were labouring under a bonafide impression that the time to file written statement has still not expired. They were also unaware of the order dated 24th June 2008 passed by the learned Prothonotary & Senior Master as the papers of the above Suit were transferred to some other office. It is the case of the Defendants that their written statement is now ready and would be filed if this Court permits them to do so. 4] In my view, the interest of justice requires that the delay in filing the written statement is condoned. The above Notice of Motion is accordingly made absolute in terms of prayer clauses (a), (b) and (c). The Applicants/Defendants to file their written statement within two weeks from date. The above Notice of Motion is accordingly 4 disposed of. [R.M.SAVANT, J]