1 srk app-L-165-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (LODGING) NO.165 OF 2011 IN ADMIRALTY SUIT NO.12 OF 2009 Japaul Oil and Maritime Services Plc & another. ... Appellants Versus Ramchandra R. Hegde ... Respondent Mr.Rahul Narichania with Mr. Vishal Muglikar, Mr. Shivkumar Iyer and Mr. Saurabh Chaudhari i/by M/s. Bose & Mitra & Co. for the appellants. Mr. Nusrat N. Shah for the respondent. CORAM : MOHIT S. SHAH, C.J. & S.J. VAZIFDAR, J. Tuesday, March 15, 2011 P .C. Notice for final disposal, returnable forthwith. 2. Mr. Nusrat N. Shah, learned advocate waives service of notice for the respondent. 3. This appeal is directed against the order dated 7th March, 2011 of the learned trial Judge directing that Admiralty Suit No.12 of 2009 be placed on board for hearing without written statement on 15th March, 2011 because the defendant did not file written statement within the time granted by order dated 3rd February, 2011. 4. The learned counsel for the appellant-defendant states that the written statement is ready and will be filed today. 2 srk app-L-165-11.sxw 5. Having heard the learned counsel for the parties and particularly, in view of the fact that the written statement is ready for being filed today, we set aside the impugned order dated 7th March, 2011 and direct that the written statement if filed by the appellant-defendant by 18th March, 2011, the same shall be taken on record and that the suit be tried with the written statement on record in accordance with law. Appeal is accordingly, allowed in the aforesaid terms. No order as to costs. CHIEF JUSTICE S.J. VAZIFDAR, J.