: 1 : 2808-08-wp.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. CIVIL REVISION APPLICATION NO. .. Petitioner v/s. .. Respondent ......... for the petitioner for the respondent ......... CORAM : R.Y.GANOO, J DATE : 19th OCTOBER,2011. P.C. : 1. By order dated 28th August, 2002, the learned 7th Joint Civil Judge, Senior Division, Pune had directed the petitioner to file written statement within 10 days from 28th August, 2009. That order was not complied by the petitioner. Hence, the petitioner was required to file an application with a view to seek permission of the Court to file written statement. That application was filed on 17th December, 2009. That application was : 2 : 2808-08-wp.sxw rejected by the learned trial Judge by the impugned order dated 22nd February, 2011. The petitioner has challenged the order dated 22nd February, 2011 in this petition. 2. Having gone through the entire record, I am inclined to observe that the learned trial Judge have not granted leave to defend without depositing some amount. He should have granted reasonable time to the petitioner to file written statement. Period of 10 days in my view was very short period. Apart from this, having gone through the various reasons explaining the delay, the learned trial Jude should have looked into those reasons from the stand point of practical difficulty which came to be fixed by the petitioner. It was even possible for the learned trial Judge to impose costs and allow the petitioner to written statement. 3. In my view, looking to the manner in which the litigation has travelled, it would be in the interest of the petitioner to allow him to file the written statement, of course on payment of costs as well as it will be in the interest of the respondent no.1 original plaintiff to have the suit disposed of within a time bound programme as the amendment sought to be recovered is fairly substantial and it is in the range of Rs.6 crores along : 3 : 2808-08-wp.sxw with interest. Hence, following order is passed to dispose of the petition. ORDER (i) Petitioner shall deposit in the trial Court costs of Rs.5,000/- on or before 3rd November, 2011. The next date in the suit is on 10th November, 2011. If on that date, the petitioner produces receipt issued by the office for having paid costs of Rs.5,000/-, the Court shall take the written statement on record which is already lodged in the Court. If the petitioner fails to produce before the Court, the receipt for having deposited the costs in the Court, the Court shall not take the said written statement on record and suit shall stand undefended so far as the petitioner is concerned. (ii) If the cost of Rs.5,000/- are deposited in the trial Court, learned 7th Joint Civil Judge, Senior Division, Pune then respondent is free to withdraw the said amount. (iii) Office shall pay the said amount without security or guarantee. The learned 7th Joint Civil Judge, Senior Division, Pune shall hear and dispose of the suit as expeditious as possible and preferably by 31st May, 2012. : 4 : 2808-08-wp.sxw (R.Y.GANOO, J.)