JUDGMENT

1. This Writ Petition is filed by Original Defendants challenging the judgment and order dtd. 18/6/2008 passed by the City Civil Court, Mumbai, thereby refusing to condone the delay of 31 months and 16 days, in filing the Written Statement.

2. The learned Judge of the City Civil Court, Bombay heard both the sides and on the basis of argument advanced by both the sides dismissed the delay condonation Application by order dtd. 18/6/2008. The impugned order has been challenged by the Defendants by way of the present Writ Petition.

3. 'Rule' was issued in the present Writ Petition. However, nobody has filed appearance on behalf of Respondent No. 2. On the last date of hearing and today, nobody appeared for Respondent No.2. Therefore, without any assistance of Respondent No.2, the submission of Petitioners' Advocate was heard.

4. It is the case of the Defendant that suit was filed by Plaintiff (Borrower). The Plaintiff after filing of the suit preferred an Interim Application in the form of Notice of Motion No. 3909 of 2007. It is the case of the Petitioners that in the said suit Writ of Summons was served on Defendant No.1 on 23/12/2004 and Defendant No.2 on 28/12/2004. As per the