1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1567 OF 2007 IN SUIT NO.27 OF 1988 Kerala Transport Company ...Plaintiffs vs. Estrella Batteries Ltd. ...Defendants Ms K.G.Parmar for the plaintiffs Mr.A.S.Doctor i/b Kanga & Co. for the defendants CORAM :A.S.OKA,J. DATE : NOVEMBER 24, 2009 P.C. 1 Heard the learned counsel for the plaintiffs in support of the notice of motion. I have heard the learned counsel for the defendants. The prayer in the notice of motion is for condonation of delay in filing the written statement. The 2nd prayer is for taking the written statement dated 18th April 2007 on record.. 2 In the affidavit in support, it is stated that since November 1983, the defendants-company was under lockout. It is stated that when the suit came up before this court on 22nd March 2007, it was noticed that the written statement was not filed and therefore, this court directed the defendants to take out appropriate proceedings. 3 In view of the reasons assigned in the affidavit in 2 support, the delay in filing the written statement will have to be condoned. However, the defendants will have to pay costs of Rs.7500/-. 4 Hence, I pass the following order : i) Notice of motion is made absolute in terms of prayer clauses (a) and (b) subject to the defendants paying costs of Rs.7500/- to the plaintiffs within a period of four weeks from today. Payment of costs will be a condition precedent. JUDGE