1 wp 4657.2009.sxw srk IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO. 4657 OF 2009 Sushma Nintin Wavre .. Petitioner vs Vinod Rajmal Sancheti & Anr. .. Respondents Mr. Girish R. Agrawal, Advocate for the Petitioner. Mr. G.S. Godbole i/b Nitin Mulye, Advocate for the Respondents. CORAM: A.S.OKA,J DATE: 4th September, 2009. P.C. 1 Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. An application was made by the petitioner-defendant praying for setting aside the order of the Trial Court to proceed without written statement. By the impugned order, the said application has been rejected. The order impugned has been passed on the ground that no extraordinary circumstances have been brought on record. 2 The Petition is opposed by the learned counsel for the respondent by pointing out that no exceptional circumstances have been brought on record. The learned counsel appearing for the petitioner prays that the petitioner may be permitted to file a fresh application containing proper facts and grounds. 2 wp 4657.2009.sxw 3 In the present case, the suit summons was served on 4th July, 2008 and an application on which impugned order has been passed was made on 30th December, 2008. Considering this aspect, permission deserves to be granted to the petitioner to file a fresh application. If such fresh application is filed within four weeks from today, it will be considered by the trial court on its own merits. While deciding such fresh application, the trial court will consider the fact that the present application Exh.13 was filed on 30th December, 2008. 4 Hence, I pass following order: 1 The impugned order is quashed and set aside. 2 The petitioner is permitted to withdraw the application at Exh.13 with a liberty to file afresh application for the same relief. 3 If such fresh application is filed by the petitioner before trial court within a period of four weeks from today, the trial court will decide the same in accordance with law without being influenced by the order impugned. 4 It is made clear that the impugned order is quashed and set aside as a prayer has been made for grant of permission to withdraw the application at Exhibit 13 with a liberty to file a fresh application. Judge.