:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 1232 OF 2007 Ward Officer, Navi Mumbai Municipal Corporation ...Petitioners Versus Shree Sai Hospital and ICCU Maternity General Medical and Surgical Centre ....Respondents Mr.A.A.Garge, Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. 7th January, 2008. P.C. P.C. P.C. : : : 1. Heard Mr.Garge, appearing for the petitioner. None appears for the respondents though served. :2: :2: :2: 2. The petition challenges an order by which the Trial Court has refused to recall its earlier order (no written statement) and condone the delay in filing the Written statement. 3. Having perused the petition and the Annexures thereto, I am of the view that in the peculiar facts of this case, ten days delay on the part of the Municipal Corporation to file its Written Statement could have been condoned. The observation of the Trial court that the reasons assigned are not exceptional is clearly erroneous, inasmuch as, the application preferred by the present petitioner shows that the instructions could not be given to the appropriate officers. That has occasioned the delay. However, the written statement was prepared and thereafter the application was made. Therefore, by compensating the original plaintiff the Written statement could have been taken on record. 4. In the above facts and circumstances, the order under challenge is set aside and the Written :3: :3: :3: Statement of the present petitioner/original defendant is taken on file, subject however to the petitioner paying costs of Rs.1500/- to be paid to the respondent/plaintiff in the Trial Court. Upon proof of costs being paid/tendered, the Written statement shall be taken on file and the suit thereafter to proceed in accordance with law. Petition allowed. SD/- *********