IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5446 of 2008 Ganeshrao Pandurang Bhoir .. Petitioner versus Prakash Jaishing Sonmale & ors. .. Respondents ... Mr.P.S. Dani for the petitioner. CORAM : A.M.KHANWILKAR, J DATED : 12th August 2008 P.C.: 1. Heard counsel for the petitioner. 2. I find no fault with the view taken by the court below in rejecting the application preferred by the petitioner for condoning the delay in filing written statement and to take the written statement on record. Indeed, the petitioner may be justified in relying on order dated 2nd February 2007 which permitted the petitioner to file written statement on or before 13th February 2007 to contend that the delay was not of three years as found by the court below. The fact remains that there was clear order passed by the trial court requiring the defendants to file written statement on or before 13th February 2007 though the defendants were served long back. The defendants have not availed of that opportunity. 3. Counsel for the petitioner submits that the written statement was affirmed on 20th April 2007 and remained to be filed because of the mistake of the advocate. Even if that contention was to be accepted as sufficient cause, the fact remains that no explanation is forthcoming as to what prevented the petitioner to file written statement on or before 13th February 2007 in terms of order dated 2nd February 2007. In any case, there is absolutely no explanation as to what prevented the petitioner till 20th April 2007 to affirm the written statement and present it before the court immediately on or before 13th February 2007. 4. Taking any view of the matter, no fault can be found with the conclusion reached by the court below that this is not a case of sufficient cause made out by the petitioner for inordinate delay in filing the written statement so as to take the written statement on record. 5. Hence, Petition is dismissed. (A.M.KHANWILKAR, J)