SM 1 931.nms.461.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 469 OF 2010 IN SUIT NO. 2336 OF 2006 Judy Anthony Rosaria ....Plaintiff Versus Frank Z. Hendriques and others ....Defendants ____________ Mr. Ashish J. Dubey i/b Mr. J. P. Dubey for the Plaintiff. Mr. Dhananjay Shukla i/b Mr. M. N. Pandey for the Defendant Nos. 1 and 2. Mr. Rupesh R. Lanjekar i/b Ms. Sneha S. Kadam for the Defendant No.3. CORAM: A. A. SAYED, J. DATED : AUGUST 25, 2011. P.C.: The above Notice of Motion is taken out to set aside the order dated 14th January, 2009 passed by the Prothonotary and Senior Master. By that order, since the Written Statement was not filed by the Defendant No. 3, the suit was transferred to the category of undefended Suit. There is a further prayer of condonation of delay of 361 days. 2. Though the reasons set out in the Affidavit-in-Support of the Notice of Motion would strictly not constitute sufficient cause, in the interest of justice, I am inclined to allow the motion subject to costs. 3. Accordingly, the Notice of Motion is allowed in terms of prayer clauses (a) (b) and (c) subject to costs quantified at Rs.1,000/- to be paid by the Defendant No. 3 to Kirtikar Law SM 2 931.nms.461.10 Library, High Court, Mumbai . 4. The learned Counsel appearing on behalf of the Defendant No. 3 states that the original Written Statement will be filed within a period of two weeks from today. Statement is accepted. 5. Notice of Motion to stand disposed of. (A. A. SAYED, J.)