IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10116 OF 2009 Lakshmi Narasimha Distilleries Pvt. Ltd. ..... ..... ...Petitioner V/s Sadashivrao Mandalik Kagal Taluka Sahakari Sakhar Karkhana Ltd. ..... ..... ..Respondent. Mr.S.R.GAnbavale, Adv. for the petitioner. Mr.S.S.Patwardhan, for the Respondent No.1. CORAM: A.P.DESHPANDE, J. 3rd December, 2009. PC: The respondent which is a sugar factory instituted a suit for damages claiming sum of RS.24,80,500/- against the present petitioner. In the said suit the defendant-petitioner raised various contentions. Issues came to be framed and parties have led evidence. After completion of evidence the matter is also partly heard and the arguments of respondent are over and only submission of counsel for petitioner are to be put forth before the Court. The matter is listed on 7.12.09 before the trial court. At this stage when the matter had reached the argument stage before the trial court application under order 6 rule 17 seeking amendment of the written statement came to be filed and rejection of the said application has given rise to the present writ petition. The trial court has rejected the application for amendment after holding that had the petitioner been diligent application could have been filed much prior. It is also obvious that if amendment is to be permitted the same is likely to reopen the whole case. Taking over all view of the matter trial court has rejected the 1 application. Having regard to the stage at which the suit is pending I do not deem it appropriate to interfere with the impugned order in this petition. Without going in to the merit of the matter I decline to exercise discretion in favour of the petitioner and the petition deserves to be dismissed. However all contentions raised in this petition are left open to be raised by the petitioner in regular civil appeal in the event if decree is passed against the petitioner and in favour of the respondent and the petitioner is constrained to file regular civil appeal. Leaving all questions to be raised in regular civil appeal writ petition stands dismissed. 30.12.2009. 2