IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR WRIT PETITION NO.3796 OF 2008 Ramesh Bansod ..vs.. Sau. Prabhabai Kamble & anor =================================== CORAM : B. P. DHARMADHIKARI, J. DATE: 6.10.2008 Heard Advocate Kshirsagar for petitioner and Advocate Funde for respondent no.2. Petitioner / defendant has challenged the order by which the orders dated 2.8.2008 passed below Exhibit 20 by 2nd Joint Civil Judge, Senior division, Nagpur has rejected his application for taking written statement on record. The court below has noticed that pendency of Exhibit 40 was totally irrelevant and did not constitute exceptional circumstances. Advocate Kshirsagar placed reliance on Judgment reported in AIR 2008 SC 2099 [Zolba ..vs.. Keshao] to support his contention that as application under section 340 of Cr.P.C. was pending written statement should have been taken on record. Advocate Funde for respondent states that the petitioner is trying to justify the delay on his part. He points out that there is no perversity or error of jurisdiction in the impugned order. After hearing the parties I find that the suit is of 2007 and in these circumstances as application under section 340 of Cr.P.C. was pending, petitioner cannot be blamed for not filing written statement. Order dated 2.8.2008 is therefore, quashed and set aside. However, same is subject to payment of cost of Rs.1500/- by the petitioner to the present respondent by 20.10.2008. After the costs are so paid, court below to take written statement on record. Proceedings in S.C..S.No.1243/2004 are expedited and court below is directed to decide the same as early as possible. JUDGE smp.