1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 2772 OF 2009 IN SUIT NO. 4765 OF 2000 Richard D’souza .. Plaintiff Vs. Thakral Computers Ltd. & Ors. .. Defendants. Ms. Sunita Pant i/b Thakore Jariwala for the Plaintiff. Ms. Anila Achrya, S. Shilpa Baria i/b Tijoriwala & Co. for Defendant No.5. CORAM : MRS. R. S. DALVI, J. DATE : 17th June, 2010. P.C. 1. This Notice of Motion is for setting aside the order of the learned Prothonotary and Senior Master of this Court dated 9th February, 2009 transferring the suit to the list of undefended causes as against Defendant No.5. 2. The cause title shows that he was residing in Singapore. He has not defended the suit on the premise that since he has resigned he was not a proper party. Advocate on his behalf states that the Written Statement is ready. In the interest of justice the Written Statement is taken on record. Defendant No.5 shall pay costs of filing the 2 Written Statement belatedly fixed at Rs. 1,000/- to the Plaintiff. 3. The Notice of Motion is disposed of accordingly. ( R. S. DALVI, J.)