S.B. CIVIL WRIT PETITION NO.5011/2008 Mohammed Asalam & Ors. Vs. Mohammed Hussain Date of order : 25th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. M.K. Trivedi ) for the petitioner Mr. M.A. Bhurat, ) --------- 1. Heard learned counsel. 2. This writ petition is directed against the order dated 17.7.2008 whereby the learned trial court has directed the written statement filed by the defendant-petitioner to be placed in part D of the file not to be considered by the trial court. This was done because the defendant failed to deposit cost of Rs.200/- within the stipulated time fixed by the learned trial court. 3. Having heard learned counsel and considering the facts and circumstances of the case, this Court is inclined to grant indulgence to the petitioner-defendant in the matter. It was also expected of the learned trial court to have condoned the delay in payment of cost in the circumstances because the proceedings were transferred from one Court to another Court and under the bonafide impression, the defendant failed to deposit the said cost within the stipulated time. 4. Accordingly, this writ petition is disposed of with direction to the learned trial court to take the written statement on record subject to payment of cost of Rs.200/- within a period of two weeks from today. [ DR. VINEET KOTHARI ], J. item No.s/1 babulal/-