1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.7606 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.R.D.Suryawanshi for the petitoner. Mr.Abhijeet Marathe i/by M/s.Wadia Gandhy & Co. for respondent no.1. CORAM : ANOOP V. MOHTA, J. DATED : 20.11.2008 P.C. The petitioner has challenged the impugned order dated 21.11.2008 whereby the court directed to proceed without written statement as though ordered, the contested defendants unable to file written statement as last date was granted on 12.9.2008. Inspite of that written statement was not filed. The learned counsel for the petitioner makes statement that the written statement is ready and he is ready to file by tomorrow as per the 2 date fixed by the trial court. Therefore, in view of this, in the interest of justice, I am inclined to accept this. The petitioner/defendant to file written statement by tomorrow failing which the order stands without reference to court. Taking all this into account, the petition is allowed in terms of prayer (a). No costs. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]