gst 1 wp2788.10.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 2788 OF 2010 Nazirbhai Gulab Inamdar & Anr. .. .... .... .... Petitioners. V/s Vijay Tirthram Sharma ... .... ... ...Respondents. Mr.Anand S. Kulkarni, Adv. For the petitioners. Mr.R.S.Khandeparkar, Adv. For R.No.1. CORAM: B.R. GAVAI, J. 17th March, 2011 PC: The petitioner challenges the order dated 1.12.2008 vide which application filed by the petitioner for setting aside no written statement order came to be rejected. 2. Perusal of record would reveal that on earlier occasion no written statement order was passed on 18.1.05 and at the request of present petitioner same was set aside vide order dated 1.2.05. Thereafter various chances were given to the petitioner to file written statement including the last chance. Inspite of that no written statement was filed and as a consequence thereof on second occasion no written statement came to be filed. 3. Though the provisions of Order 8 Rule 1 of CPC are held to be directory and not mandatory, it has been held by the Apex Court in the case of Kailsh V/s Nankhu reported in 2005 (4) SCC 480, that only in case of compelling and exceptional circumstances written statement can be permitted to be filed beyond a period of 90 days. From the record it can be seen that the petitioner has been thoroughly negligent in defending the case. In that view of the matter no case is made out for interference. Hence writ petition stands dismissed. The costs of Rs.7,500/- deposited in this Court is permitted to be withdrawn by the petitioner.