1. The Plaintiffs have filed the above suit against the Defendant for a declaration that the concluded contract in terms of the unsigned MOU being Exhibit-O to the Plaint, arrived at between the Plaintiffs and the Defendant is valid, subsisting and binding on the Defendant and the Defendant be ordered and decreed to specifically perform the said concluded contract and for the said purpose to do all acts, deeds and things and execute all necessary documents, papers, applications, etc.

2. In September 2006, the Defendant took out Notice of Motion No. 3818 of 2006 to condone the delay of 465 days in filing the written statement. By an order dated 31st March 2008, the said Notice of Motion was allowed by this Court (Coram: S.C. Dharmadhikari, J.) and the written statement dated 28th September 2006 was taken on record.

3. From the roznama it appears that after the written statement dated 28th September2006 was taken on record, the suit came up on Board only on 13th February 2012, when issues were framed in the above suit; the Plaintiffs were directed to file their affidavit of evidence, affidavit of documents along with compilation of documents on or before 27th February 2012; t