1 nms-4362-09 in ss-6386-99 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4362 OF 2009 IN SUMMARY SUIT NO.6386 OF 1999 M/s. Vignesh Impex Pvt Ltd. ....Plaintiff V/s. Central Bank of India ....Defendants Mr. Nikhil Mengde i/b Thakore Jariwala for the Plaintiff CORAM : R.M. SAVANT, J. DATE : 10TH MARCH, 2011. P.C. :- 1 In the above Notice of Motion, the Defendant seeks the following reliefs (a) That the delay if any in filing the written statement be condoned. (b)That the Written Statement dated 21-3-2009 be taken on record. 2 By an order dated 30-8-2008, the Defendants were to file their Written Statement within four weeks from the said date. However, the same was not done and the reasons why the delay has occasioned are mentioned in the affidavit in support. Copy of the Written Statement has been served on the Learned Advocate of the Plaintiffs Ms Leena Sapre. The acknowledgment has been annexed at Exhibit C-3 to the Affidavit in 2 nms-4362-09 in ss-6386-99 support. However, in so far as the Plaintiffs are concerned, the packets which were sent by the courier have been returned with the remark “office shifted”. 3 None appears for the Plaintiffs in the above Motion though served. The Notice of Motion is made absolute in terms of prayer clauses (a) and (b) 4 Notice of Motion is accordingly disposed of. (R.M.Savant, J.)