JUDGMENT :

1. This Interim Application, which was earlier filed as a Notice of Motion, has been filed on behalf of the Defendant seeking to set aside the order dated 11th August 2010 passed by the Prothonotary and Senior Master directing that the plaint of S.C.Suit No.4768 of 2007 (now renumbered as Suit No.895 of 2007) to proceed without written statement of the Defendant and to condone the delay of approximately seven years which has been caused in filing the written statement of the Defendant and that the Defendant be permitted to file its written statement dated 17th July 2014.

2. Mr.Aspi Chinoy, learned Senior Counsel for the Defendant, would submit that the Plaintiffs had earlier on 24th July 2006 filed Suit no.4768 of 2007 (renumbered as Suit No.895 of 2007) before this Court inter alia seeking declaration that the Conveyance Deed dated 16th June 1994 was void and not binding upon the Plaintiffs. That the Plaintiffs had not filed any Notice of Motion for interim relief at the time of filing of the Suit. That on 15th May 2010 there was a change in the directors of the Defendant-company whereby the old directors resigned and the new directors (Bilakhiya family) took over the fun