1 NMS314.11 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 314 OF 2011 IN SUMMARY SUIT NO. 3760 OF 1997 Bennett Coleman & Co. Ltd. ... Plaintiff v/s C.R.B. Share Broking Ltd. & ors. ... Defendants Ms Somya Srikrishna i/by Kanga & Co. for the plaintiff. Mr Alok Bagla i/by Bagle Dandekar & Co. for Def. No.1. Ms Sneha Bohra i/by B.Dandekar for Defendant No.2. CORAM: R.M.SAVANT, J. DATED: 14TH MARCH, 2011 P.C.: 1. The defendant No.2 seeks condonation of delay of 1825 days in filing the written statement and consequently prays for the written statement to be taken on record. The reasons why the delay has occasioned are mentioned in the notice of motion. The sum and substance of the reasons is that the appearance of the learned advocate appearing for the defendant No.2 was not shown on the board and therefore he 2 NMS314.11 was not aware of the progress of the matter. The defendant has been granted unconditional leave to defend by an order passed on 14.1.2003. The learned counsel appearing for the plaintiff opposes the notice of motion but not with any deal of conviction. 2. The notice of motion is therefore allowed in terms of prayer clause (a). 3. However, in the interest of justice, defendant No.2 is directed to pay costs of Rs.2000/- to the plaintiffs to be paid within two weeks from date. 4. The issues in the companion Suit No.3692 of 1997 have already been framed. 3. List the suit for framing of issues on 5.4.2011. 4. The office is directed to accept the written statement which would be filed by defendant No.2. (R.M.SAVANT, J.) 3 NMS314.11 4 NMS314.11