1 51.nms-2905-06 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 2905 OF 2006 WITH NOTICE OF MOTION NO. 3481 OF 2006 WITH NOTICE OF MOTION NO. 2315 OF 2006 IN SUIT NO. 764 OF 2002. ITC Limited. ..Plaintiffs. vs. Shri Sukhkarta Finance & Leasing Pvt. Ltd. & Others. ..Defendants. .... Mr. Navroz Seervai, Senior Counsel, a/w. Mr. Kevik Setalvad, Mr. N. Kothare & VijayLaxmi Kulkarni, i/b. Nanu Hormasjee & Co,, for Plaintiffs. Mr. S. Jagtiani, a/w. Ms. Bhatia, i/b. Mulla & Mulla, for Defendant Nos. 2 to 9, 10 and 12. .... CORAM : S.J. KATHAWALLA, J. DATE : 12TH SEPTEMBER 2011. P.C. : Heard the learned Advocates for the parties. 2. Notice of Motion No. 2905 of 2006 is allowed in terms of prayer clause (a). In view thereof, Shri Jagtiani submits that the Written Statements of the Defendants be now taken on record by condoning the delay in filing the same. He has taken me through the Affidavit in support of his Notice of Motion No. 3481 of 2006 and has submitted that for reasons set out therein, the delay in filing the Written Statements be condoned. The delay in filing the Written Statement is condoned, subject to payment of costs of Rs. 25,000/- 2 51.nms-2905-06 by the Defendants to the Advocate for the Plaintiff within a period of one week from today. Notice of Motion No. 3481 of 2006 is accordingly disposed of. In view of this order, Notice of Motion No. 2315 of 2006 also stands disposed of. 3. At the request of the learned Advocates appearing for the parties, the following issue is framed as preliminary issue under section 9Aof the Code of Civil Procedure, 1908 :- “Whether the Suit filed is barred by the Law of Limitation ?” 4. Needless to add that the Application/s for interim reliefs in the above Suit shall be taken up for hearing and final disposal immediately after the aforestated issue is decided by this Court. Place the matter for Directions on 20th September 2011. [ S.J. KATHAWALLA, J. ]