IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1265 OF 2009 Shri Shailesh Jamnadas Dawade ...Petitioner V/s. Shri Arvind Bhagwanji Somaiya ...Respondent ...... Mr.C.P.Deogirikar for Petitioner. None for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. FEBRUARY 10, 2009. FEBRUARY 10, 2009. FEBRUARY 10, 2009. P.C. 1. Perused the Application preferred by the Petitioner before the lower Court for condonation of delay in filing written statement. 2. I am in agreement with the opinion recorded by the Court below that no reason, much less, satisfactory or exceptional reason is forthcoming, although the written statement was to be tendered beyond 90 days. Counsel for the Petitioner for the first time before this Court : 2 : contends that the written statement although was signed and kept ready but could not be tendered in Court as the concerned Trial Court Judge proceeded on long leave. As aforesaid, this grievance is made for the first time. If the Petitioner had taken this point before the lower Court, the lower Court would have dealt with the same on its own merits. It is inconceivable to accept that if the concerned Trial Court Judge had proceeded on long leave, there was no other arrangement made where the Petitioner could have presented the written statement before some other Judge to whom the charge was handed over. All those aspects could have been decided only if the Petitioner was to make that grievance before the Trial Court itself. 3. In the circumstances, no fault an be found with the view taken by the Court below. Rejected. A.M.KHANWILKAR, J.