1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.1968/2010 Ashok D. Wadnerkarand another Vs. Bayer Crop Science Ltd. ----------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. CORAM: B.P. DHARMADHIKARI, J. DATE : 24th JUNE 2010. 1] Heard Advocate Chandurkar for the petitioner (original defendant ) and Advocate Sarda for the respondent (plaintiff) for some time. 2] It appears that after examination-in-chief and cross- examination of respondent/plaintiff was over on 28.8.2009, the petitioner filed his examination in chief on 28.10.2009 and he was also cross-examined partially on said date. Thereafter on 17.11.2009 making grievance that an agreement (Ex. 36) was produced for the first time by the respondent in his examination- in-chief, the application for amendment of written statement was moved. The Trial Court has rejected that application after considering the developments mentioned above. 3] Advocate Chandurkar wants to address this Court on the availability of arbitration clause in agreement and its effect. 2 Advocate Sarda contends that the agreement was always within knowledge of the petitioner and its photo copy was filed along with plaint and has been served on the petitioner along with suit summons. 4] In this situation, I do not find anything warranting interference in exercise of writ jurisdiction. With liberty to the petitioner to challenge the impugned order after the suit is finally decided. The present writ petition is disposed of. No costs. JUDGE Ambulkar.