1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2693 OF 2010 IN SUIT NO.1763 OF 2008 Manohar Anna More Plaintiff versus Ravikant Chandrakant More and others Defendants Mr.Limbadri V. Bommer i/by M/s.Shaunak Satpute & Co. for plaintiff. Mr.Girish Kedia a/w Ms.Divya S. Sanghavi for defendant no.1. Mr.B.G.Saraf i/by T.S.Patwardhan for defendant no.3. CORAM : S.J.KATHAWALLA, J. DATE : 18th March 2011 PC : 1. By this Notice of Motion the defendant no.1 prays that the order passed by the Prothonotary & Senior Master dated 30.8.2010 be set aside and his written statement dated 13.9.2010 be taken on record. No reply is filed by the plaintiff to the present Notice of Motion though the Notice of Motion was served on him on 27.9.2010. Perused the affidavit-in-support of the Notice of Motion. The learned advocate for the plaintiff states that he is disputing the contents of paragraphs 2 and 3. If that be so, the plaintiff ought to have filed his affidavit in reply in the last more than five months. The Notice of Motion is taken out within 12 days from the date of passing of the order dated 30.8.2010 by the Prothonotary and Senior Master and the written statement is also filed by the defendant no.1 within a period of 12 days from the date of said order. In view of what is stated in paragraphs 2 and 3 of the affidavit in support of the Notice of Motion, in my view sufficient cause is made out for setting aside the order dated 30.8.2010. Again, no prejudice will be caused to the plaintiff if the Notice of Motion is allowed. In view thereof, the Notice of Motion is allowed in terms of prayer clause (a). The written statement of defendant no.1 is taken on record. (S.J.KATHAWALLA, J.)