1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.280 OF 2008 IN L.C.SUIT NO.777 OF 1986 ---------------------------------------------------------------------------------- ------------- Office Notes, Office Memoranda Court's or Judge's Order appearances, Court's orders or directions and Registrar's orders. ---------------------------------------------------------------------------------- ------------- None for Plaintiff. Mr.Bharat Vaishnawa, for Defendant nos. 1 to 3. CORAM: R. Y. GANOO, J. DATED: 8th December, 2008 P.C.:- 1. This is a notice of motion taken out for condonation of delay in filing written statement and for taking written statement on record. 2. Though plaintiff was 2 served, no affidavit in reply has been filed by the plaintiff. 3. I have gone through the affidavit in support of notice of motion. It appears that the defendants were under impression that as the matter is not being shown on board they are not required to file written statement in the office. 4. Since the plaintiff has chosen to remain absent and has not filed any affidavit in reply, I am inclined to grant the relief sought by the defendants in this notice of motion. Hence, order:- ORDER Notice of motion taken out by the defendant nos. 1 to 3 is made absolute in terms of prayer clause (a) and (b). There shall be no order 3 as to costs. At this stage, after hearing the aforesaid order, Mr.Vaishnawa, Advocate for defendant nos.1 to 3 tendered written statement on behalf of defendant nos. 1 to 3 duly engrossed and verified. The same is taken on record. The defendant nos. 1 to 3 to send copy of the written statement to the Advocate for plaintiff. ---