MP 1 NMS329_11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 329 OF 2011 IN SUIT NO. 2919 OF 2009 Sunil S. Ghalsasi ... Plaintiff Versus Ganesh R. Satghare and others ... Defendants Mr. S. S. Ghalsasi, Plaintiff in person. Mr. Neel Helekar, Advocate for Defendant Nos.2 and 3. CORAM : S.J. KATHAWALLA, J. DATE : 13TH SEPTEMBER 2011 P. C. : Heard the learned Advocate for Defendant Nos. 2 and 3 and the Plaintiff who is appearing in person. 2. By the above Notice of Motion, the Plaintiff seeks setting aside of the Order dated 3rd May 2010 passed by the Protonotary and Senior Master directing that the present Suit be placed for ex-parte hearing. Defendant Nos.2 and 3 were served with the Writ of Summons on 26th November 2009. The said order came to be passed since the defendant Nos.2 and 3 had failed to file their Written Statement. The reasons for not filing the Written statement on time are set out in paragraph 3 and 4 of the Affidavit in support of the Notice of Motion. 3. I am of the view that sufficient cause is shown by the Defendant Nos.2 and 3 for not filing the Written Statement on time. However, this has caused inconvenience to the Plaintiff who is appearing in person. In view thereof, the following order is passed: (i) The Written Statement of Defendant Nos.2 and 3 be taken on record subject to Defendant Nos.2 and 3 paying costs of Rs. 10,000/- (Rupees Ten Thousand) to the Plaintiff within a period of two weeks from today. MP 2 NMS329_11 (ii) Notice of Motion is accordingly disposed of. 4. Place the Suit for framing of issues on 3rd October 2011. (S.J. KATHAWALLA, J)