Lsp 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. 1485 of 2009 Rahul Bhagwandas Sankla & ors. ...Petitioner V/s. Smt. Shakuntala N. Marne ...Respondent Mr. J.B. Kocheta for the petitioner. CORAM CORAM CORAM : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. : A.M.KHANWILKAR,J. DATED DATED DATED : 16TH FEBRUARY, 2009 : 16TH FEBRUARY, 2009 : 16TH FEBRUARY, 2009 P.C. . No interference with the discretionary order passed by the Court below is warranted in the fact situation of the present case. The argument that on the same date Court allowed other defendants to file their written-statement by imposing cost clearly overlooks the facts stated in paragraph 2 of the impugned order which records that the petitioners were served on 8th October, 2007 and they filed appearance on 22nd October, 2007. It is the petitioners who took adjournment to file written-statement by filing applications exhibit 44 to 46. 2. Lastly, similar request was made which was granted below exhibit 47 subject to payment of cost on 5th January, 2008. The petitioners neither paid cost nor filed written-statement and once again on 18th February, 2008 sought further adjournment below exhibit 48 on 2 which date the Court had no option but to reject the request. No exceptional situation has been pointed out for which the Court should exercise discretion in favour of petitioners. Dismissed. [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.] [A.M.KHANWILKAR,J.]