1 Caw-2597.10 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2597 OF 2010 IN WRIT PETITION NO. 385 OF 2010 Mr. Ali Hussain Khan alias Mullaji. .. Applicant Vs Mr. Kera Dhari Yadav. .. Respondent -- Shri R.D. Misra for the Applicant. Smt. Malar Hirijagner i/by Shri Amit Borkar for the Respondent. -- CORAM : A.S.OKA, J. DATE : 19TH OCTOBER, 2010 P.C: . Heard learned counsel appearing for the parties. Under the order dated 8th April, 2010 passed by this Court in the Writ Petition, the Petitioner was directed to file a written statement within a period of two weeks from 7th June, 2010. However, the written statement was not filed and present civil application has been filed on 25th August, 2010 for extension of time to file written statement. 2. There is some justification in the submission of the learned counsel appearing for the Respondent that there is a gross default on the part of the Applicant. As a result of default, hearing of the suit has been 2 Caw-2597.10 delayed. Time for filing written statement expired in the third week of June, 2010 and the present application has been filed on 25th August, 2010. Hence, by way of indulgence, one more opportunity deserves to be granted to the Applicant to file a written statement. However, the Respondent will have to be compensated by ordering payment of costs. The amount of costs is quantified at Rs.15,000/-. 3. The Application is disposed of by passing the following order:- (a) Time to file written statement is extended, as a last chance, till 8th November, 2010. (b) The Applicant shall pay costs of Rs.15,000/- to the Respondent. (c) Written Statement shall be taken on record only if the Applicant pays the amount of costs of Rs.15,000/- to the Respondent on or before 8th November, 2010. No further extension will be granted. (d) Time for disposal of the suit is extended till the end of March, 2011. (A.S.OKA, J)