1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10454 OF 2009 A Shambhavi Collection & anr......... Petitioner versus Agarwal Agencies ........Respondent. Mr. I.M. Khairdi adv. for the Petitioner None for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 16th December, 2009. P. C.: 1. Rejection of the application for amendment of the written statement filed by the petitioner/defendant has given raise to the filing of this petition., According to the counsel for the defendant though it is pleaded in the written statement that the defendants have paid the amount, the persons in whose presence the amount was paid are not named in the written statement. However some of those persons are examined as witnesses. The petitioner expresses apprehension that for want of pleadings in regard to the presence of the witnesses in the written statement, the evidence of those persons would not be considered. Apprehending non- consideration of the evidence of the witnesses the application for 2 amendment came to be filed. Perusal of the impugned order reveals that the application for amendment was filed at the stage when the suit was fixed for final argument. As the suit is fixed for final argument I refused to entertain this petition without touching the merit of the matter. However it is made clear that in the event if the decree is passed against the petitioner and the petitioner is constrained to file a regular civil appeal it shall be open to the petitioner to raise the contentions which are raised in the present petition, in the said appeal. With these observations the writ petition stands disposed of. (A. P. Deshpande, J.)