1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1383 OF 2009 IN SUIT NO. 878 OF 2001 Motilal Manshi Shah ...Plaintiff. Vs. Suryakant K. Seth & Ors. ...Defendants. Mr. Akshay Bobade i/by Mr. Y.R. Shah for the plaintiff. Ms. Alpana Gore i/by M/s. Shah & Sanghvi for Defendant No.3- Applicant. CORAM :- ANOOP V. MOHTA, J. DATED :- 4th November, 2009. P.C.- 1 This Chamber summons is taken out by Defendant No.3 for filing written statement on record by condoning the delay. The learned counsel appearing for the Plaintiff objected to the same. However, considering the averments made and in view of the fact that the defendant wants to file written statement after dismissal of Special Leave Petition on 18th February, 2009, filed by the plaintiff and considering other averments made on the record, to give opportunity to both the parties for proper adjudication, I am inclined to grant the chamber summons. However, it is subject to costs of Rs.3,000/- to be paid to the Plaintiff within a period of two weeks. 2 The written statement be filed within a period of one week. The 2 chamber summons is accordingly allowed. No order as to costs. 3 The suit be placed on board for framing issues on 18th November, 2009. 4 The parties to exchange the draft issues in the meantime. (ANOOP V. MOHTA, J.)