1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Amk NOTICE OF MOTION NO. 721 OF 2009 IN SUIT NO. 3474 OF 2004 Gyaneshwar Co-operative Housing Society Ltd. .. Plaintiff Vs. Gyaneshwar Builders Pvt. Ltd. & Ors. .. Defendants. Mr. D. S. Chandnani i/b Lexim Associates for the Plaintiff. Mr. O. A. Das for the Defendant Nos. 3, 5 & 6. Mr. K. M. John for Defendant No.4. CORAM : MRS. R. S. DALVI, J. DATE : 22nd June, 2010. P.C. 1. Defendant Nos. 3, 5 & 6 appeared through Advocate in the suit when the ad interim relief was being considered. Consequently under the proviso 2 Order IX Rule 2 of the Code of Civil Procedure the writ of summons need not have been served upon these Defendants. The Defendants did not file Written Statement despite being represented in the suit. Consequently learned Official Assignee had transferred the suit against Defendant Nos.3, 5 & 6 to the list of undefended long causes. This order is correct. It cannot be set aside. However Mr. Das appears for Defendant Nos. 3, 5 & 6 seeks time to file Written Statement. The Defendants shall pay costs of this Notice of Motion fixed at Rs. 1000/-. Upon payment of costs these 2 Defendants shall be entitled to file their Written Statement within two weeks from today. 2. The Notice of Motion is disposed of accordingly. ( R. S. DALVI, J.)