1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4461 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ By this petition, the petitioner is challenging the order dated 11.11.2009 passed on his application (Exh.21) filed in the suit bearing RCS No.10/2009. He filed application for allowing his written statement, which was to be filed along with the application. The application came to be rejected vide the impugned order. Heard learned counsel for the parties. It appears that the petitioner could not file his written statement in time due to his illness as well as due to alleged negligence of his Advocate, who was engaged at the initial stage. He had to change the Advocate 2 afterwards. The change of Advocate later on is a matter of record. The petitioner, no doubt, sought several adjournments for filing of the written statement. It appears, however, that he has not omitted to file written statement due to any oblique intention. The petitioner has filed copy of medical certificate in this Court, which prima facie indicates that he was suffering from neurological problems. The learned trial Judge should have awarded suitable costs having regard to the delay. The denial of right to file written statement is rather harsh when the petitioner is old aged person and gave plausible reasons. It appears that the ratio in case of M/s R.N. Jadi & Brothers V/s Subhashchandra (2007 AIR SCW 4568) is not properly appreciated by the learned trial Judge. The discretionary power has to be used to meet the ends of justice. Considering these aspects, in my opinion, the following order would meet the ends of justice. The petition is allowed. The impugned 3 order is set aside. The trial Court shall allow filing of the written statement by the petitioner on depositing costs of Rs.3500/- in this Court, payable to the respondent, within a period of two weeks from today. Shri G.G. Suryawanshi, learned counsel for the respondent, may withdraw the amount of costs if deposited or the costs may be paid directly to him. Petition is disposed of. (V. R. KINGAONKAR , J) Dt/- 12.07.2010 ndk/c1271024