( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION USJ NOTICE OF MOTION NO.655 OF 2009 NOTICE OF MOTION NO.655 OF 2009 NOTICE OF MOTION NO.655 OF 2009 IN IN IN SUIT NO.2936 OF 2001 SUIT NO.2936 OF 2001 SUIT NO.2936 OF 2001 M/s. Chrispal Shipping Co.Ltd. ..Plaintiff V/s. M/s. N.S. Guzder & Co.Ltd. ..Defendants ...... Mr.Gupte i/by Mr. Kedar Dighe for the plaintiff Mr. Mukesh Pabari for defendants ...... CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. CORAM : R.Y. GANOO, J. DATED : 25th February, 2009 DATED : 25th February, 2009 DATED : 25th February, 2009 P.C.: P.C.: P.C.: 1. This motion is taken out so as to set aside the order passed by the Prothonotary and Senior Master dated 18th October, 2007 by which defendants were prohibited from filing the written statement and the suit was to proceed as undefended suit. Affidavit in ( 2 ) reply is filed by the plaintiff. 2. I have heard counsel for both the sides. According to the defendant as a result of change of lawyer and some confusion which is set out in the affidavit in support, written statement could not be filed. Counsel for the defendant pointed out that as he has paid Rs.3,000/- to the plaintiff pursuant to the order passed in the present notice of motion and that in the interest of justice defendant should be permitted to file the written statement. 3. Counsel for the plaintiff contended that there is a delay of 8 years in the matter and defendants are negligent and no indulgence should be shown to them. Having perused the fact that the order dated 18th October, 2007 is passed as regards setting out the suit for undefended suit. In my view, keeping in view the time factor, it apparently appears that written statement is not filed for 8 years or so. In the interest of justice, it would be proper if defendants are put to terms as regards costs and permitted to defend the suit. It is also been stated that in the past the plaintiff was attending to the suit and the suit came be dismissed. In my view, costs of Rs.10,000/- can meet the ends of justice out of which defendant has already paid Rs.3,000/- to the ( 3 ) plaintiff. 4. Order to pay costs of Rs.7,000/- to file the written statement can be passed. Hence, the following order. ORDER ORDER ORDER . The motion is made absolute in terms of prayer clause (a) and (b). . Defendant to pay the plaintiff fixed cost of Rs.7,000/- on or before 3rd March, 2009. Suit is set down for taking written statement on record on 12th March 2009, on which date defendant would produce the receipt of costs paid to the plaintiff. (R.Y. GANOO, J.) (R.Y. GANOO, J.) (R.Y. GANOO, J.)