1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8418 OF 2008 Smt.Meenakshi Jaywant Shelar. ..Petitioner. V/s. Smt.Sulochana Bhiku Kanekar. ..Respondent. Mr.Rajesh S. Datar for petitioner. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 5, 2009. DATE : JANUARY 5, 2009. DATE : JANUARY 5, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the Petitioner. 2. I see no infirmity in the view taken by the Court below that the Petitioner failed to produce any document or show sufficient cause as to what prevented him from appearing before the Court prior to 28th April, 2008. The fact that the Petitioner was served by substituted service on 25th March, 2008 is indisputable. The Petitioner however, filed application for permission to file Written Statement only on 7th July, 2008, supported by the Medical Certificate, which mentions that the Petitioner was undergoing treatment with effect from 28th April, 2008. The argument of the Petitioner that the approach of lower Court is erroneous and harsh and 2 result in serious prejudice to the Petitioner clearly overlooks the mandate of law as amended. If the Petitioner has failed to establish any exceptional situation from the record, no indulgence can be shown. Dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)