:1: 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. 3499 OF 2008 OF MOTION NO. 3499 OF 2008 OF MOTION NO. 3499 OF 2008 IN IN IN SUIT SUIT SUIT NO. 3515 OF NO. 3515 OF NO. 3515 OF 2003 2003 2003 Dena Bank. ... Plaintiff. V/s. Sitaram M. Bhatt & Ors. ... Defendants. Mr. John Daniel for the Plaintiff. Mr. M.A. Narvekar for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 12TH 12TH 12TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . The Suit was placed before the Registry after the Writ of Summons was duly served, for directions. Mr. Danial, learned Advocate appeared for the Plaintiff. The summons was duly served but the Defendants and their Advocates remained absent. As far as Defendant No.2 is concerned who has moved the present Notice of Motion, the Suit is transferred to the list of Undefended Suits. The directions were issued to this effect on 11th December 2007. 2. Considering this direction, it is apprehended that Defendant No.2 may not be allowed to file a written statement in the Suit. Hence, the Motion is moved to set aside this order. 3. I have heard Defendant No.2 in support of the Motion and the learned Advocate for the Plaintiffs in opposition. I have perused the affidavit in support. It is not denied that the suit summons was served in January 2004. However, Defendant No.2 states that he had :2: entrusted the matter to an Advocate who never informed him that the written statement is required to be filed within a stipulated time frame. The Advocate also did not take further steps and finally, he engaged another Advocate who has advised him to move the present Notice of Motion and that is how the delay has occurred. It occurred also because of the illness in the family including that of his wife. 4. Having perused this affidavit what I find is that reasonable cause has been shown for not being able to place the written statement on record. The delay is also sought to be explained and that explanation does not appear to be lacking in bonafides. 5. In these circumstances, the Notice of Motion is made absolute in terms of prayer clauses (a) to (c), subject to Defendant No.2 paying costs quantified at Rs.2,500/-. Costs to be paid within two weeks from today. If costs are paid, the Registry to allow the written statement to be placed on record but that shall be done within a period of four weeks from the date the costs are paid. 6. If no compliance is reported, the Suit be set down for passing an exparte decree on 13th March 2009. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)