KJ 1 IN THE HIGH COURT OF JUDICUATURE AT MUMBAI ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3180 OF 2008 IN SUIT NO.531 OF 2007 M/s.Om Construction Co. ..Plaintiffs Vs. The Secretary, Satya Vijay Co-op H.S.Ltd., ..Defendants ---- Mr.Piyush Shah for the plaintiffs. Mr.R. D. Mishra for the defendants. ---- CORAM : R.S.MOHITE, J DATE : 3/8/2010 P. C.: 1 This is a Notice of Motion taken out by the defendant- society for setting aside an order dated 21.4.2008 passed by the Prothonotary & Senior Master, transferring the suit to the list of undefended suit. It is seen that in the present case, summons to answer plaint was served in March-2007 and order came to be passed on 21.8.2008. Advocate for the defendants states that written statement was immediately thereafter verified on KJ 2 30.4.2008. He states that there was a delay in filing the written statement as the Secretary was ill. Taking into account the fact that inspite of the order, no ex-parte decree has been passed till today, though reply has been filed objecting to grant of the reliefs, in view of the fact that no decree has been passed till today, I am inclined to allow this Notice of Motion. In my view, Notice of Motion can be allowed subject to cost. Notice of Motion is therefore, allowed in terms of prayer clause-(a) subject to payment of cost of Rs.5000/-. Cost to be paid within a period of four weeks from today which will be the condition precedent. If cost is not paid within four weeks, Motion will stand dismissed. On proof of dispatch of cost, office to take on record the written statement. Motion stands disposed off. (R.S.MOHITE,J.)