:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 7817 OF 2006 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.Vaibhav Patankar, Adv. for the petitioners. Mr.R.B. Parab, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 13TH MARCH, 2008. P.C. P.C. P.C. : : : 1. The petitioner is the Original Defendant no.1 in Reg.Civil Suit No.34 of 2006. The petitioner appeared before the Trial Court on 26.7.2006 and applied for setting aside the order (No W.S.) delivered on 1.7.2006. The petitioner appeared in the Trial Court alongwith the Written Statement and infact was ready to tender it. The petitioner pointed out that he was ailing. Further, he was an aged :2: :2: :2: person. He had to go and procure certain documents from the office of the Charity Commissioner, Pune and thereafter give instructions to his Advocate. That is why the delay has occurred and his Written Statement therefore be taken on record. 2. The Trial Court has not adverted to any of these reasons, but, proceeded to reject the Application only on the ground that the Written Statement is not filed even within 90 days. After 90 days, the court cannot accept the Written Statement. 3. I find that the order is patently unsustainable, inasmuch as, the provisions have been construed to be Directory by the Supreme Court. The Written Statement can be taken on file provided there are exceptional circumstances and reasons. The Learned Judge is in error in holding that there are no reasons or exceptional circumstances placed on record. This clearly shows that that he has :3: :3: :3: not applied his mind to the contents of the Application preferred by the petitioner. 4. For all these reasons, the impugned order is quashed and set aside and the Written Statement of the petitioner is directed to be taken on record, subject to the petitioner paying costs quantified at Rs.750/-. Costs to be tendered within a period of 2 weeks from today. Petition allowed in the above terms. . All concerned to act on authenticated copy of this order. ********