MGJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION L.P.A.No. 23 of 2007 with Civil Application No. 284 of 2005 Municipal Corporation of Greater Mumbai ..Appellant vs. 1. Shri Dayabhai Shambu Gala and others ..Respondents Shri A.J.Bhor i/b Shri S.H.Ujjainwala for appellant. Shri A.D.Gala for respondent no.2. CORAM: S.B.MHASE & CORAM: S.B.MHASE & CORAM: S.B.MHASE & Smt.NISHITA MHATRE JJ. Smt.NISHITA MHATRE JJ. Smt.NISHITA MHATRE JJ. 27th February, 2007 27th February, 2007 27th February, 2007 P.C. P.C. P.C. 1. Heard the learned Counsel. 2. It is an admitted fact that written statement was filed after "No W.S." order was passed. The procedural law is prospective in application and after the amendment the appellant was under obligation to file the written statement within 90 days. Even the application for setting aside "No W.S." order was drafted in casual manner without giving sufficient cause for non filing the written statement within the stipulated statutory period. The learned single Judge has considered the Supreme Court Judgment and has -2- concluded that no exceptional circumstances have been made out for filing the delayed written statement more specifically after the period of 90 days and passing of the order of "No W.S.". No interference is called for. L.P.A. is rejected. 3. In view of rejection of the L.P.A. civil application does not survive and hence rejected. (Smt.NISHITA MHATRE J.) (S.B.MHASE J.) (Smt.NISHITA MHATRE J.) (S.B.MHASE J.) (Smt.NISHITA MHATRE J.) (S.B.MHASE J.)