1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATON NO.212 OF 2009 IN APPEAL FROM ORDER NO.1241 OF 2008 Mr.S S Jog, Election Officer : Applicant. versus Mr.Dilip Vrajlal Shah & ors. : Respondents. Shri Anoshak Daver with Mr.Raj Mehta i/by RKM Legal Services for the Applicant/Defendant No.3. Mr.Atul Singh i/by D.R.Shah for the Respondent No.1-Plaintiff. Shri Abhijeet Mahadeokar i/by M/s.Dhruve Liladhar & Co. for Respondent Nos.2, 3 and 4/Defendant Nos.1, 2 and 4. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 06, 2009 P.C. 1. Not on board. Mentioned. Taken on board. 2. The above Civil Application is moved on an urgent basis considering the fact that S C Suit No.2888 of 2008 filed by the Plaintiff is to appear on board before the trial Court. By the above Civil Application, the Applicant, who is the original Defendant No.3 in the 2 said S C Suit No.2888 of 2008, prays for condonation of delay of 16 days in filing the written statement and extension of time for filing the same up to 7th February 2009. The said reliefs are sought in view of the order dated 5th December 2008 passed by a learned Single Judge of this Court by which order, the Defendants were directed to file the written statement within four weeks of the said order. 3. The reasons why the written statement could not be filed as per the direction contained in the order dated 5th December 2008 are mentioned in para 2 of the above Civil Application. 4. The learned counsel appearing for the Original Plaintiff and the Defendant Nos.1, 2 and 4 submit to the orders of the Court. 5. Having considered the reasons mentioned in para 2 of the above Civil Application, a case for grant of the reliefs in terms of prayer clauses (a) and (b) is made out. 3 6. The above Civil Application is therefore allowed in terms of prayer clauses (a) and (b). 7. The Applicant to pay the costs of Rs.1,000/- to the Plaintiff to be paid within a period of two weeks from date. 8. The Applicant to get the above Civil Application numbered in the course of the day. Copy of this order would be furnished to the Applicant only if the stamp number is produced. 9. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]