1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 941 of 2009 SUIT NO.2659 of 2007 Naresh Harshavardhan Gokani & Anr. .. Plaintiffs versus Mahesh N. Mehta .. Defendant ... None for the plaintiff. Mr.Nandu Pawar for defendant in support of Notice of Motion. CORAM : D.G. KARNIK, J DATED : 29th April 2009 P.C.: 1. Learned counsel for the applicant defendant states that the motion has been served on the plaintiff and undertakes to file affidavit of service within a week. Undertaking is recorded and accepted. 2 2. This motion is taken out for the condonation of delay of one day in filing of the written statement. 3. For the reasons stated in the affidavit, delay is condoned and motion is allowed in terms of prayer clauses (a) and (b) and a written statement be accepted on record after the affidavit of service is filed. 4. It is clarified that in the event the affidavit of service is not filed within a week, motion shall stand dismissed without further reference to the court. (D.G. KARNIK, J)