IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2803 OF 2009 Shivaji Narhari Kawade ...Petitioner V/s. Shafik Hasan Khan & Ors. ...Respondents ...... None present. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 17, 2009. MARCH 17, 2009. MARCH 17, 2009. P.C. 1. None appears when the matter is called out as kept back matter. Dismissed for non-prosecution. 2. Later on, Mr.Mandar Limaye for Petitioner mentioned the matter requesting to recall the order dismissing the Petition for default on the ground that when the matter was called out, he was busy in some other Court. 3. For the reason mentioned, order dismissing the Petition for non-prosecution is recalled. : 2 : Petition is restored to file to its original number and heard forthwith on merits. 4. After hearing Counsel for the Petitioner, I have no hesitation in taking the view that the Court below was justified in rejecting the application preferred by the Petitioner to take the written statement on record in the fact situation of the present case. The Court below has noted that the Petitioner/Defendant No.2 was duly served on 17th May 2007. The Petitioner although entered appearance before the Trial Court did not file written statement within 90 days from the date of service which expired on 16th August 2007. Instead, the present application for taking written statement on record came to be filed on 21st November 2007. The explanation offered by the Petitioner did not find favour with the Trial Court. The reason recorded by the Trial Court is a possible view. Hence, no fault can be found with the conclusion reached by the Trial Court in rejecting the Application. Accordingly, Petition is dismissed. : 3 : A.M.KHANWILKAR, J.