1 wp8705 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8705 OF 2011 Harish Jamnadas Madiyar ...Petitioner vs. M/s.Gold Plaza Pvt.Ltd. ...Respondent Ms Kavita Shinde for the Petitioner Mr.A.T.Suryavanshi a/w Mr.Satyen Vora i/b M/s.Makrand Gandhi & Co. for the respondent CORAM : A.S.OKA,J. DATE : NOVEMBER 18, 2011 P.C.: 1 Heard the learned counsel for the petitioner and the learned counsel for the respondent. When this Court was inclined to admit the petition, the learned counsel for the respondent submits that instead of keeping the petition pending in this Court and delaying the suit, subject to payment of costs, written statement may be ordered to be taken on record. 2 Considering the length of delay and the ground set out by the petitioner, the petitioner will have to pay costs to the Respondent as a condition for filing the written statement. Amount of costs is fixed at Rs.10,000/-. 3 Hence, I pass the following order : i) Impugned order dated 23rd September 2011 is 2 wp8705 quashed and set aside. ii)The application made by the petitioner at Exh. 16 is allowed subject to condition of the petitioner paying costs of Rs.10,000/- to the respondent within a period of six weeks from today. Payment of costs will be a condition precedent. If the amount of costs is not paid within stipulated time, impugned order will stand. iii)Petition is disposed of on above terms. JUDGE