IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 522 OF 2010 M/S PRAVIRA EARTHMOVERS THROUGH SHRI. PRASHANT PRABHAKAR PATIL ... Petitioner Versus M/S. SANJAY R. TIRODKAR ... Respondent Mr. S. N. Savant, Advocate for the Petitioner. Coram:- N. A. BRITTO, J. Date:- 16th August, 2010 P.C.: Heard. 2. The respondent, who is duly served is absent. The respondent was absent on 12/08/2010. The petitioner herein is defendant in Civil Suit No.19/2007/B. The suit is for the recovery of money. On 9/06/2010, defendant did not remain present, although the defendant's affidavit was filed earlier. As the defendant was absent, the defendant's evidence was closed. On 16/06/2010, the defendant filed an application - Exhibit 38 to set aside the order dated 9/06/2010 stating that the defendant had not appeared because the advocate of the plaintiff had informed him that the defendant and his advocate may not attend. The plaintiff gave no objection without admitting the contents of the application, but the learned trial Court dismissed the said application stating that the defendant was not pursuing the case diligently. 3. The plaintiff has chosen to remain absent before this Court. The plaintiff had also given its no objection to the application dated 16/06/2010. The impugned order appears to have been passed in wrong exercise of discretion. Therefore it is hereby set aside and the learned trial Court is directed to give an opportunity to the defendant to complete his evidence. 4. With the above observations, the Writ Petition is disposed of. N. A. BRITTO, J. NH