-: 1 :- wp- 5236/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5236 OF 2010 Maharashtra State Co-operative Agriculture & Rural Development Bank Ltd. ..Petitioner. Versus Galandwadi No.2 Panipurwatha Sahakari Maryadit & Others. ..Respondents. Mr. Prasad S. Dani for the petitioner. Mr. M. A. Utegikar for respondent no.3. Coram : R. V. MORE, J. Date : August 24, 2010. P. C. : 1. Heard learned counsel for the petitioner and learned counsel for respondent no.3. The petitioner challenges the order of the Co-operative Appellate Court passed in Revision Application No. 97 of 2009 whereunder the application of respondent no.3 (original Disputant) for amendment was allowed. Learned counsel for the petitioner submitted that the dispute is at the stage of trial (hearing) and therefore in view of proviso 2 to Rule 17 of Order-VI of the Code of Civil Procedure, 1908, the application could not have been allowed. I have gone through respondent no.3’s application for amendment of dispute. In paragraph srp -: 2 :- wp- 5236/10 no.3 of the said application, respondent no.3 has given reasons as to why the amendment application could not be filed earlier. The appellate Court while granting said application, in paragraph no.5 of its order, has recorded satisfaction that respondent no.3 has sufficiently explained as to why they could not sought amendment before the commencement of trial. The Appellate Court has accepted the reasons given by respondent no.3. I do not find any infirmity in the said finding. In these circumstances, I am not inclined to interfere with the impugned order. Hence, writ petition is dismissed. 2. At this stage, Mr. Dani, learned counsel for the petitioner states that respondent no.3 pursuant to the order impugned has already amended the dispute he therefore seeks liberty to file additional written statement. The petitioner is at liberty to file additional written statement. The trial Court shall accept the written statement of the petitioner, if it is filed within 90 days from today. (R.V. MORE, J.)