FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.103 OF 2008 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr A.G.Damle, for the petitioner. Mr.A.P.Vanarse, for the respondent. CORAM: D.B.Bhosale,J. DATED: 03.03.2008 P.C.: Heard learned counsel for the parties. Rule. Mr.Vanarse, learned counsel, waives service for the respondent. By consent, rule is made returnable forthwith and heard finally. By this writ petition, the petitioner has impugned two orders dated 22.8.2005 and 15.10.2007 passed by the trial court. By order dated 22.8.2007 the application filed by the petitioner-defendant seeking permission to file a written statement came to be rejected and by order dated 15.10.2007 another application filed by the petitioner for setting aside the order dated 22.8.2005 was rejected as not maintainable. I perused the petition so also all the annexures including an affidavit dated 29.9.2004 of the Advocate for the petitioner. The relevant paragraph in the affidavit of the Advocate for the petitioner reads thus : "1. The matter was fixed on 8.6.2004.The Written Statement was prepared but could not be finalized for want of documents which the plaintiff failed to supply. The document was supplied on 8.6.2004. On the said date the Hon’ble Court had granted last chance. The Written Statement was finalized on 22.6.2004 though late before the court close. The Written Statement was sent through junior lawyer. The date was given to 20.8.2004 so the junior came back without filing.The Written Statement was filed on 20.8.2004 with the application is submitted that written Statement was not filed on 22.6.2004,due to bonafide belief that Written Statement is to be filed on the date fixed and will not be accepted as the matter was adjourned." It reveals from the contents of the affidavit of the advocate for the petitioner so also the other material on record that in fact the written statement was filed on 20.8.2004. Even if it is accepted that there was a delay, the delay appears to be negligible. Keeping that in view, in my opinion, the impugned orders, in the interest of justice, deserve to be set aside. Order accordingly. The trial Court shall take the Written Statement of the petitioner on file and proceed to decide the suit on merits in accordance with law. The rule is disposed of. (D.B.Bhosale, J.)