1.This Notice of Motion seeks quashing and setting aside of orders passed by the learned Prothonotary and Senior Master Priya R. Soparkar 2 of 50 ::: Downloaded on - 13/07/2024 23:39:53 :::

transferring the suit with respect to the Applicants herein viz. the Defendants therein to the list of undefended suits as the Defendants failed to file written statement within time and and to condone the delay of 231 days in filing written statement of the Defendants and thereafter to take the written statement on their behalf on record.

2.Mr. Palshikar, learned counsel for the Applicants would submit that the Writ of Summons was served upon the Defendants on 2nd November, 2016. That since the Applicants are based in Vidharbha, they immediately approached their panel Advocates who are based in Nagpur as the Applicants do not have a panel of Advocates for Mumbai. That therefore, the Applicants depended on their panel of Advocates at Nagpur for appointment of Advocate to defend the suit in Mumbai. That accordingly on the suggestion of their panel Advocates they appointed a panel Advocate from Mumbai for representing them in the suit before this Court who filed Vakalatnama on 15th November