1 Ash IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7518 OF 2009 The Poona Club Limited. .. Petitioner Vs Mr. Ranjan Pushkarnath Nehru .. Respondent -- Shri Rupesh R. Lanjekar i/by Shri A.G. Damle for the Petitioner. -- CORAM : A.S.OKA, J. DATE : 10TH MARCH, 2010 P.C: . Notice for final disposal at an admission stage was issued on 9th September, 2009. The Petitioner is the Defendant in a suit filed by the Respondent. The Written Statement could not be filed by the Petitioner within the time stipulated by law. Therefore, an application at Exhibit-30 was made by the Petitioner for setting aside “No Written Statement Order” passed against the Petitioner. By the impugned order, the said application has been rejected. 2. The learned counsel appearing for the Petitioner has invited my attention to the averments made in the application at Exhibit -30. He pointed out that extra-ordinary reasons for delay have been set out in the said application and therefore, the Trial Court ought to have allowed the 2 said application. Office noting shows that the Respondent has been duly served. None appears for the Respondent. 3. After the service of summons, the Petitioner entered appearance through an Advocate on 17th July, 2005. Immediately thereafter, the Petitioner filed an application under Rule 11 of Order VII of the Code of Civil Procedure, 1908 for rejection of a plaint. The said application has been rejected by an order dated 8th August, 2007. The Petitioner applied for review of the said order which came to be rejected on 26th September, 2008. It is pointed out that election of the Managing Committee of the Petitioner was held on 27th September, 2008 and new elected Managing Committee has taken charge on 3rd October, 2008. It is pointed out that the Chief Executive Officer of the Petitioner tendered resignation on 15th October, 2008 and on the very date, the Hon. Secretary took a charge of the administration of the Petitioner. It is pointed out that one Shri Sanghvi who was having knowledge about the facts of the case was not available in December, 2008 and January, 2009 and in fact on 2nd February, 2009, he had undergone angioplasty and was advised to take rest for six weeks thereafter. It must be noted here that the order was passed by the Trial Court on 16th December, 2008 for proceeding with the suit without the written statement of the Petitioner. Therefore, in the application, more than sufficient reasons were set out as to why the written statement could not be filed earlier by the Petitioner. The application at Exhibit-30 was filed by the Petitioner on 4th March, 2009 and in fact the 3 written statement was tendered along with the said application. 4. Therefore, the learned Trial Judge ought to have taken the Written Statement on record by saddling the Petitioner with exemplary costs. The amount of costs of Rs.10,000/- has been deposited by the Petitioner in this Court. Hence, the Petition must succeed and I pass the following order. (a) The impugned order dated 20th July, 2009 is quashed and set aside. (b) The application at Exhibit-30 is allowed subject to payment of costs of Rs.10,000/-. (c) The amount of costs is already deposited in this Court. The said amount shall be transmitted to the Trial Court. It will be open for the Respondent to withdraw the said amount. (d) The Writ Petition is allowed in above terms. (A.S.OKA, J)