: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.676 OF 2010 IN SUIT NO.249 OF 2006 Vasant Rajaram Kokate .. Plaintiff v/s. Jagannath Jyoti Patil .. Defendant ......... Mr. Pankaj D. Purway for the plaintiff Mr. Nitesh Bhutekar for defendant in support of notice of motion. ......... CORAM : R.Y.GANOO, J. DATE : 26th MARCH, 2010. P.C. : 1. By this notice of motion, the defendant wants that order dated 11th June, 2009 passed by Assistant Prothonotary and Senior Master directing that suit should be transferred to list of undefended suits be set aside. 2. Though the motion is served upon the plaintiff, no affidavit in reply is filed. I have heard learned advocates on both sides. Learned advocate for defendant prayed for relief in terms of prayer clause (a) on the ground that the defendant was in Jail for some time and he is a Senior Citizen. As against this, learned advocate for the plaintiff took me through the record including affidavit in support of the notice of motion and submitted that delay is not properly explained. : 2 : 3. Having considered the record, I am inclined to take a lenient view and condone the delay in filing the written statement and set aside the order passed by the Assistant Prothonotary and Senior Master. Of course for this, defendant will have to pay the costs. Hence, the following order is passed to dispose off the notice of motion. ORDER (i) Notice of motion is made absolute in terms of prayer clause (a). (ii) Defendant to pay to the plaintiff cost of Rs.10,000/- towards this motion. Cost to be paid to the plaintiff directly on or before 16th April, 2010. (iii)Defendant to file written statement in the Court on 3rd May, 2010. (iv)Suit is adjourned to 3rd May, 2010. If on that date, the written statement is not filed, the same would not be taken up on record. (v) If the costs are not paid on or before 16th April, 2010, the order passed by the Assistant Prothonotary and Senior Master shall stand. [R.Y.GANOO, J.]