1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1353 OF 2008 IN SUMMARY SUIT NO.3652 OF 1993 Kavisha 3 Dimension Pictures Pvt. Ltd. .. Plaintiff. Vs. Pure Drinks (New Delhi) Ltd. .. Defendant. None for the plaintiff. Ms.V.T.Tamhane i/b R.D.Suvarna for the defendant. CORAM : R.M.SAVANT, J. DATED : APRIL 5, 2011. PC: 1. The above Notice of Motion has been filed by the defendants interalia claiming the following reliefs: “(a) That this Hon’ble Court be pleased to condone the delay in filing of the Written Statement of the Defendants; (b) That this Hon’ble Court be pleased to take on file the Written Statement of the Defendants.” 2. It is the case of the applicant-defendants that pursuant to the order dated 14.12.1995 passed in Appeal No.927 of 1995 by which conditional leave was granted on deposit of a sum of Rs.2,50,000/-. The defendants have deposited the said amount in S 2 this court. Thereafter, it is further case of the defendants that the written statement prepared at Delhi was sent to the advocate in Mumbai on 9.5.1996. However, due to inadvertence the said written statement remained to be filed and was lying in the papers. Sometime in the year 2008 when the advocate was going through the papers, he found that the written statement was lying in the record and at that time he realised that the said written statement has not been filed. 3. None appears for the plaintiffs, though served. Learned counsel appearing for the defendants has filed the affidavit of service dated 1st April, 2011. 4. In my view, considering the reasons mentioned in the affidavit in support the same deserve acceptance, more so when the written statement has been declared on 9.5.1996. The Notice of Motion is, accordingly, allowed and made absolute in terms of prayer clauses (a) and (b). The defendants to deposit the costs of Rs.3,000/- with the Maharashtra Legal Services authority within a period of four weeks from date. Notice of Motion is accordingly disposed of. (R M SAVANT, J.)