1 918-599.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION srj NOTICE OF MOTION NO.599 OF 2010 IN SUIT NO.1761 OF 2007 Rajendra Y. Shah .. Plaintiff V/s. Cameo Corporate Services Ltd. & Others .. Defendants. Mr. Amol V. Doijode, for Plaintiff Mr. D.C.Shah, for Defendant No.5. CORAM : A.A.SAYED,J. DATE : 9th MARCH,2011 P.C.:- 1 This Notice of Motion is taken out by Defendant No.5 for setting aside the order dated 2nd May, 2008, directing that the suit be proceeded as undefended suit, as no written statement was filed by the Defendant No.5. The Notice of Motion has been taken out by Defendant No.5 sometime on 23rd February, 2010. It is not disputed that the writ of summons was served upon Defendant No.5. It is the case of Defendant No.5 in the affidavit in support of the Notice of Motion that he is 70 years old and residing at Cochin and suffering from various diseases and, therefore, he could not come to Bombay to give 2 918-599.sxw instructions to his Advocate. Reply has been filed by the Plaintiff, opposing the motion, stating that Defendant No. 5 has not explained the delay and no sufficient cause has been made out to set aside the impugned order. 2 Considering the age of Defendant No.5 and the fact that he not keeping health, coupled with the fact that he is residing at Cochin, in interest of justice, I am inclined to grant an opportunity to him to defend the suit on merits, subject, however to costs. 3 The learned counsel for the Defendant No.5 states that the written statement of Defendant No.5 is ready. 4 In the circumstances, I pass the following order:- (i) Notice of Motion is allowed in terms of prayer clauses (a) and (b), subject to costs of Rs.10,000/- to be paid by Defendant No.5 to the Plaintiff, within a period of two weeks from today. (ii) Written Statement to be filed with the Registry, within a period of two weeks from today. 5 Notice of Motion is disposed of accordingly. (A.A.SAYED,J.)