1 pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 28160 OF 2011 Monotana Tyres Ltd. ...Petitioner Versus Shri Prabhakar Gharat & Others ...Respondents Not on board. On production taken on board. Mr.A.N.Namjoshi for the Petitioner CORAM:- R.Y.GANOO, J. DATED:- 20th OCTOBER, 2011. P.C. 1. At the request of the learned Advocate for the petitioner, petition was taken up for admission, though it was on production board. 2. The respondent filed Regular Civil Suit No.885 of 2009 in the Court of Civil Judge, Senior Division, Bhivandi against the petitioner. The writ of summons was served on 12.1.2010. The petitioner did not file written statement within 90 days. The respondent filed 2 application on 13.4.2010 praying that no written statement order be passed. That application was granted and no written statement order was passed on 13.4.2010. The petitioner, thereafter, on 18.1.2011 filed application praying that no written statement order be set aside. That application was rejected by the learned Civil Judge, Senior Division, Link Court, Bhivandi by order dated 18.1.2011. Thereafter the petitioner has filed this petition on 18.10.2011 praying for setting aside order dated 18.1.2011. Application for setting aside no written statement order clearly goes to show that the reasons mentioned in the said application are not satisfying. It is to be noted that the petitioner is a limited company. The petitioner had sufficient staff to attend to the matter. Even after the dismissal of the application at Exhibit 16 petitioner kept calm and quiet. Learned Advocate for the petitioner stated that enough opportunity was given to the petitioner to contact him and take further steps. However, they did not turn up and that is how there was delay in filing the petition, and the petition was filed on 18.10.2011. 3. The explanation given by the petitioner for filing the petition at belated stage also cannot be accepted. The learned Judge was right 3 in passing the order. It is required to be noted that the main suit is posted for judgment tomorrow. Now it will not be possible for this court to interfere with the matter,. Consequently, the petition is required to be dismissed. Hence, following order is passed at the stage of admission to dispose of the petition. ORDER 1. Petition is dismissed at the stage of admission. 2. There shall be no order as to costs. (R.Y.GANOO, J.)