1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1616 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 1616 OF 2011 *** 1. After hearing learned counsel for petitioner on 22nd March, 2011 this Court issued notice for final disposal. Matter was accordingly listed on 13th April, 2011. On that day it came to be adjourned to today. Today, the matter is called out on two occasions in first half and thereafter again in second half. Nobody has appeared for Respondents though they are served. 2. Shri Salunke has invited attention to the fact that till filing of written statement on record by present petitioner there was no order to proceed without written statement. That order has been passed subsequently. He further contends that the other defendants in the suit have mostly compromised the dispute with plaintiff and hence if opportunity to file written 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1616 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. statement is not extended to the present petitioner irreparable loss will be caused to him. He further contends that petitioner is a layman not having much knowledge about Court procedure and application seeking leave to file written statement was drafted by his counsel. 3. Perusal of application seeking leave to file written statement reveals that only grievance about non-receipt of certain documents has been put forth as a justification for not filing written statement within time. When those documents were received or then relevance thereof has not been disclosed. 4. Considering the situation, in the interest of justice, petitioner is given opportunity to file appropriate application before trial Court again seeking leave to file written statement. If such application is filed, same shall be looked into by trial 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 1616 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Court fresh in accordance with law and uninfluenced by its earlier order in the matter. The said application shall be filed by petitioner by 13th of June, 2011 and the trial Court shall pass appropriate orders on it after hearing other side, by 30th June, 2011. With these directions, writ petition is disposed of. No costs. 5. Authentic copy of this order is permitted to the parties, as per usual procedure. [B.P.DHARMADHIKARI, J.] Dated:26/04/2011. ans/1616