1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4104 OF 2010 (Suhas Shripal Sakale vs. The M.S.E. Power Generation Co. Ltd. & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. SEPTEMBER 29, 2010. Heard Shri Deshpande, learned counsel for the petitioner, Shri Mohrir with Shri Mohgaonkar, learned counsel for respondents No. 1 to 3 and Mrs. Deshpande, learned AGP for respondent No. 4. The impugned order accepts the written statement filed by defendants No. 1 to 3 on record in the interest of justice. Shri Deshpande, learned counsel has contended that on earlier occasion, written statement filed by them was not taken on record and in the face of said order dated 21.04.2010, without any reason, written statement could not have been taken on record. Shri Mohrir, learned counsel is supporting the impugned order. Records before this Court show that the earlier while passing orders on Exh. 83 on 21.04.2010, written statement was not accepted on record. Exh. 83 was for review of the similar order passed below Exh. 79 on 28.02.2005. The impugned order does not contain any reference to these orders and only in one line states 2 that the written statement is taken on record by making endorsement accordingly below Exh. 2 (plaint itself). It is also not clear whether earlier orders were in the mind of trial Court while accepting written statement on record. The order is, therefore, quashed and set aside and the trial Court is directed to apply its mind afresh in this respect after considering the orders on record. It it finds that there are no such earlier orders on record, it can pass appropriate orders in that respect. The parties to appear before the trial Court on 13th October 2010. JUDGE *GS.