ssp 1 NMS 3643 of 2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3643 OF 2008 IN SUIT NO.3908 OF 2002 Canara Bank .....Plaintiff versus Hemant H. Shah and Anr. ..... Defendants Ms.Sandhya Nanavare i/by M.Janardhanan, for the plaintiff to show cause. Mr.M.A.Narvekar, for the defendant No.2 in support. CORAM: R.M.SAVANT, J. DATE: 28TH APRIL, 2011 P.C. : 1. By the above Notice of Motion, defendant No.2 seeks condonation of delay in filing the above Motion, and that he may be permitted to file written statement and for setting aside the order passed by the learned Prothonotary & Senior Master, treating the above suit as undefended suit. 2. The reasons as to why delay has occasioned in filing the written statement are mentioned in para Nos.5 and 6 of the affidavit in support. The sum and substance of the said reasons is that the wife of defendant No.2, who was guarantor, was unwell and has undergone operation mentioned in said Para No.6 of the Affidavit in support. It is well settled position that the provisions of Order VIII Rule 1 are directory ssp 2 NMS 3643 of 2008 and not mandatory and that time for filing written statement can be extended for justifiable reasons. In the instant case, it is pertinent to note that the above suit has not been set down for hearing. In my view, interest of justice would be served if the Notice of Motion is made absolute in terms of prayer clauses (a) and (b). However, interest of justice also requires that the plaintiffs are compensated. Defendant No.2 is therefore, directed to pay a cost of Rs.5,000/- to the plaintiff within a period of four week from date. The written statement of defendant No.2 would be taken on record, on the defendant’s producing evidence having been paid such costs to the plaintiff. ( R.M.SAVANT, J. )