1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7253 OF 2009 M/s Sisons Fisheries and others .. Petitioners Vs The Board of Trustees of the Port, of Bombay .. Respondents Mr.Ashok K. Goel, for the petitioners. Mr U.J.Makhija a/w Mr S.K.Chari, Mr Dipankar Das and Ms Kavita Anchan i/b M.V.Kini & Co for the respondents. CORAM : D.B.BHOSALE, J. DATE : 14/12/2009 PC: 1. Heard learned counsel for the parties. 2. By this writ petition, the petitioner has impugned the following order, by which their application for allowing them to place on record their written statement has been rejected. 3. I have perused the material placed before the court and more particularly the application, by which the petitioners are seeking permission to place their written statement on record. There is no dispute that the petitioners before the Estate Officer, have closed their evidence and even the evidence of respondent T 2 nos 1 to 3 and 5 to 12 is also over and now only one witness is left to be cross-examined by the petitioners. The petitioners appeared in this case for the first time in 2000 and they have cross-examined all the witnesses examined so far. At no stage, before filing of the application dated 24.7.2009, the petitioner sought permission to file their written statement on record. No ground for showing any indulgence even on payment of costs has been made out by the petitioners. In other words the petitioners have not shown sufficient cause/ground for condonation of nine years delay in filing written statement. It is unbelievable that the draft written statement remained to be filed for about 9 to 10 years. In my opinion, the petitioners cannot be shown any indulgence and make the other side suffer which is awaiting outcome of the proceedings for more than ten years. Having considered overall facts and circumstances of the case the writ petition fails and dismissed as such. (D. B. Bhosale, J.) 3