IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3411/2009 Ashroba Raghu Rasne & others. ...Petitioners.. Versus Balabhau Vithoba Rasne. ...Respondent... ..... Shri S.T. Shelke, Advocate for petitioner. ..... CORAM: B.R. GAVAI, J. DATE: 10.06.2009 PER COURT: Heard Shri S.T. Shelke, Advocate for petitioner. By way of present petition, present petitioners challenge the order dated 18.3.2009 by which the application filed by present petitioners for taking written statement on record has been allowed subject to costs of Rs.3,000/-. Petitioners take exception to the order imposing costs. Admittedly, the written statement filed by present petitioners has been filed beyond the prescribed period. As held by the Apex Court, the Court has jurisdiction to accept the written statement in exceptional case even after the prescribed period if the defendant makes out the case for the same. However, the said jurisdiction is entirely discretionary. In a discretionary jurisdiction, the Court is always empowered to impose costs while granting relief in favour of the defendant so as to meet the prejudice that may be likely to be caused to the other party. In that view of the matter, the present petition is without any merits and is dismissed with costs, which are quantified at Rs.1,000/-. Learned counsel for the petitioners to deposit the costs within a period of one week from today with the High Court Bar Association’s Library in the High Court of Bombay, Bench at Aurangabad, and deposit the receipt with the Registry within a period of one week thereafter. (B.R. Gavai, J.) ndk/c106095