-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.6313 of 2007 Shri Kisan Bhikoba Chavan ..Petitioner vs. Shri Sureshchandra K.Amondikar ..Respondent Shri V.A.Shastry for petitioner. Shri P.S.Dani i/b M/s Kiran Jain and Co. for respondent. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 29th January, 2008 29th January, 2008 29th January, 2008 P.C. P.C. P.C. 1. This writ petition challenges the order passed by the learned Trial Court refusing to take written statement on record. No written statement order was passed on 26th April, 2006. It is true that the suit summons was received and the petitioner appeared on 26th October, 2005. The Court waited till April, 2006 and thereafter directed that the matter will be proceeded without the written statement. After the lapse of four months thereafter the petitioner applied for recalling of the order and that application has been rejected by the impugned order. 2. It is true that the petitioner and original -2- plaintiff are involved in a litigation before the Charity Commissioner. There are several applications made during the course of those proceedings so also enormous documents filed. The petitioner who is a pensioner/retired person and about 70 years of age pointed out his difficulty by stating that the documents took some time but on the date on which the application was made written statement was ready, affirmed and the petitioner could have tendered the same. 3. In the peculiar facts of this case, although there is vehement opposition by the original plaintiff considering that the suit is of the year 2005, and the reason was not such as should be straightway discarded, the application preferred by the petitioner is allowed, subject however to payment of costs quantified at Rs.5000/- If costs are paid and proof is produced the written statement shall be taken on record and matter would proceed in accordance with law. Costs to be tendered within a period of two weeks from today. In default impugned order is confirmed and the writ petition would also stand dismissed without reference to Court.Petition is disposed of accordingly. -3- (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)