:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2517 OF 2007 Gurdial Singh .. Petitioner. Vs. M/s.Arudatta Triotex Engineers Pvt.Ltd. & Ors. .. Respondents. Mr.Atul Damle for the petitioner. Mr.Girish Paryani for respondent no.1. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 21ST FEBRUARY, 2008. DATED : 21ST FEBRUARY, 2008. DATED : 21ST FEBRUARY, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. Rule, returnable forthwith. 3. By consent of learned counsel for the parties taken up for final hearing. Mr.Paryani, learned counsel waives service for respondent no.1. 4. This petition is directed against an order dated 7.12.2006 by which the application at Exhibit-37 filed by the petitioner for setting aside "No W.S." order and for taking his written statement on record has been rejected. It is true that there is a delay in filing this application and the written statement, but from the facts of the case it is clear that the defendant did not stand to benefit by not filing W.S. in the suit within the time stipulated and by filing such application at belated stage. In any case, looking to overall facts and circumstances :2: :2: :2: of the case it cannot be stated that the delay in filing written statement and thereafter filing the application for setting aside no W.S. order was deliberate. This court while issuing notice in the instant petition had directed the petitioner to deposit in this court the sum of Rs.7500/- being costs payable to the respondent-plaintiff. The petitioner-defendant no.1 accordingly deposited the said amount. In the circumstances, in my opinion, the ends of justice would be met by the following order: . The impugned order dated 7.12.2006 is set aside. The application filed by the petitioner at Exhibit-37 is allowed. The written statement filed by the defendants alongwith the application at Exhibit-37 be taken on record. The amount deposited by the petitioner in pursuance of the order of this court dated 20.4.2007 is allowed to be withdrawn by the respondent-plaintiff as cost for allowing this writ petition. The trial Court shall proceed to hear the suit on merits in accordance with law and decide it expeditiously. The writ petition is disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)