1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO.17 of 2006 M/s/J. Harkisandas & Co. ... Plaintiff versus M/s.V. Balasubramaniam & Bros ... Defendant ... Ms.Aakanksha Thakkar i/b Purnanand & Co. for the petitioner None for the respondents CORAM : D.G. KARNIK, J. DATED : 29th March 2010 P.C. 1. Perused the office report dated 26th March 2010 which shows that the review petition has been served on the respondent (original plaintiff) on 13th March 2010. The respondent (original plaintiff) is absent though served. 2. By this petition, the applicant defendant prays for recall of the order dated 8th June 2006. By that order, I recorded that the defendant has not filed the written statement and thereupon passed a decree under Order 8 Rule 10 of the Code of Civil Procedure. 2 3. Learned counsel for the applicant defendant submits that the written statement was filed by the defendant on or before 16th June 1981 but the original written statement was not placed in the records of the Court and therefore, the order was passed under an erroneous belief that the written statement was not filed. 4. Learned counsel for the applicant tenders for my inspection certified copy of the order dated 16th June 1981 (Coram Bharucha J) which reads as follows: “Suit transferred to the list of Long Causes. Written statement taken on file. Usual order for discovery and expenses” Certified copy of the order clearly discloses that the written statement was filed on or before 16th June 1981 and the order dated 8th June 2006 was passed on account of erroneous belief that the written statement had not been filed. The order therefore requires to be recalled. 5. Review Petition is allowed and the order dated 8th June 2006 is recalled and set aside. Suit is restored to the file. Notice of the restoration of the suit be issued to the plaintiff by the office returnable on 28th June 2010. Suit be listed on board on 28th June 2010. (D.G. KARNIK,J.)