1 upa IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1326 OF 2005 NOTICE OF MOTION NO.1326 OF 2005 NOTICE OF MOTION NO.1326 OF 2005 IN SUIT NO.2787 OF 2003 Gopal Das Jagar Ram Pvt. Ltd. ).. Plaintiffs Versus Meghraj Goyal and others ).. Defendants Mr.S.S. Joshi for the Plaintiffs. Mr.Nagendra S. Dubey i/b.S.S. Dube for Defendant No.1. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. CORAM : SMT. NISHITA MHATRE, J. DATED : 17TH JULY 2006 DATED : 17TH JULY 2006 DATED : 17TH JULY 2006 P.C.: P.C.: P.C.: . The present Motion has been taken out for setting the Suit for ex-parte decree since no Written Statement was filed. It appears that the Plaintiffs filed the writ of summons on 20th March 2004. The Motion was served on the Defendants in April 2005. However, it seems that the Written Statement has been submitted on 19th May 2006 and the office of this Court has taken the same on record by endorsing the Written Statement as filed. 2. There is no doubt that there is delay in filing the Written Statement. The office in fact should not have accepted the Written Statement and endorsed it as 2 filed without leave of the Court. 3. In my view, in the circumstances of the case, the Defendant has made out a special case and reasons to accept the Written Statement. The Plaintiffs, however, contend that there has been a gross delay in filing the Written Statement and, therefore, the Written Statement should not be accepted. 4. In my view, now that the Written Statement is ready and in view of the fact that exceptional circumstances have been made out by the Defendant No.1 to accept the Written Statement, the same be accepted on condition that Defendant No.1 pays costs of Rs.5,000/- (Rupees Five Thousand only) to the Plaintiffs. 5. Motion disposed off accordingly.