1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2629 OF 2007 IN SUIT NO.1259 OF 1997 Board of Trustees of the Port of Bombay .. Plaintiff Versus M/s.Mahavir Enterprises Co. and Ors. .. Defendants. Mr.P.Khandhar i/b. M/s.Mulla & Mulla CBC for plaintiffs Mr.A.Kamble i/b. A.Mehta Laljee & Co. for defendant No.2. CORAM : S.C.DHARMADHIKARI, J. DATE : 8th October 2008 P.C. . For the reasons set out in the affidavit and with a view to afford an opportunity to the defendant No.2 to defend the suit claim on merits, the order dated 21st July 2004, insofar as the defendant No.2 is concerned, is quashed and set aside and the written statement of 2 defendant No.2 is taken on record, subject to defendant No.2 paying cost quantified at Rs.5000/- to the plaintiffs. Costs condition precedent. Costs to be paid within six weeks. On proof of payment of costs being produced, written statement to be taken on record and the suit to proceed in accordance with law against defendant No.2. (S.C.Dharmadhikari, J)