1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6496 OF 2009 SKS Fasteners Ltd, through its Director, Mr.Vinod Vimalchand Jain .. Petitioner versus Mr.Dashrath Rajaram Gore .. Respondent Mr.Girish B. Badiger for the petitioner. CORAM : A.S.OKA, J. DATE : 17th September 2009. P.C.: . Not on board. Taken on board. 2. Heard learned advocate for the petitioner. The grievance of the petitioner is that a written statement of the respondent which was belatedly tendered has been taken on record without there being any application made by the respondent-defendant for extension of time. An application was made by the petitioner at Exhibit 20 for setting aside the order by which written statement was taken on record. A certified copy of the said application is tendered across the bar which shows that the only order passed on the said application is “R and R”. Thus, it appears that the said application is not decided on merits. The trial Court will have to decide the application in accordance with law. 2 3. It is not necessary to keep the writ petition pending and the same is disposed of by directing the trial Court to decide the application at Exhibit 20 after hearing both the sides and to pass order thereon in accordance with law. 4. Application shall be decided within a period of six weeks from the date on which writ of this order is received by the trial Court. (A.S.OKA,J)