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.7137 OF 2008 Mr.Mahendra Madairam Shaw. ..Petitioner. V/s. Mr.Chandrasen Vijaysinh Dabhade. ..Respondent. Mr.Venkatesh A. Shastry for petitioner. Mr.A.B.Avhad for Respondent No.1. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : JANUARY 21, 2009. DATE : JANUARY 21, 2009. DATE : JANUARY 21, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. No fault can be found with the view taken by the Court below in rejecting the Application preferred by the Petitioner/Defendant to take the Written Statement on record belatedly and to recall the order of "No WS". It is not in dispute that the suit summons was served on the Petitioner on 17th January, 2008. He entered appearance before the trial Court on 25th January, 2008 and thereafter, moved an application for extension of time to file Written Statement on 14th February, 2008, which according to the Petitioner was granted. In terms of that order, the Petitioner could have filed Written 2 Statement till 5th March, 2008. According to the Petitioner, the matter was wrongly listed on 1st March, 2008 and inspite of pointing out the above position, it proceeded to order "No WS". The fact remains that order of "No W.S." was passed on 1st March, 2008, whereas present Application Exh. 18 came to be filed only on 4th July, 2008. The only explanation offered by the Counsel for the Petitioners for non-filing subject application in earlier point of time is that the Plaintiff himself had moved the trial Court for amendment of the plaint and since that application was pending, the Petitioner did not think it appropriate to file Written Statement. This argument clearly overlooks that the Application for amendment of plaint was filed on 11th March, 2008 and was disposed of on 28th March, 2008. No reason whatsoever is forthcoming as to what prevented the Petitioner/Defendant in filing the subject application immediately after 29th March, 2008. If such is the conduct of the Petitioner, it is not a case falling under exceptional circumstances, so as to show indulgence to the Petitioner/Defendant. Hence no fault can be found with the view taken by the Court below. Accordingly, Petition fails. The same is rejected. 3 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)